Start of Main Content

Bulletin: GA2008004

Bulletins by State

Select
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
Saipan
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virgin Islands
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Multi-State/Territory Bulletins
National Bulletins
Special Alerts
Bulletins by Country

Select
Bahamas
Belize

Bulletin: GA2008004

v 1
Date: July 10, 2008
To: All Georgia Issuing Offices
RE: Requirements for Insuring Manufactured Homes as Real Property in Georgia

Dear Associates:

Recent changes to Georgia's Manufactured Homes Act[1] has raised a number of questions about the requirements for insuring a manufactured home located on the property any time a lender or knowledgeable buyer requests a CLTA 116 or ALTA 7 series endorsements or other affirmative ...

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

EXHIBIT A

State of GEORGIA      )                                  
                                    )
County of _____                      )
                                                                                   
MANUFACTURED HOME AFFIXATION AFFIDAVIT

Personally appeared before me the undersigned Deponent, who being duly sworn, deposes and says an oath and states the following:

  1. That Deponent has personal knowledge of the facts stated herein and gives this Affidavit based upon such personal knowledge.

  2. The Deponent is the legal owner(s) of the land to which the Home has become permanently affixed to a foundation.

  3. The manufactured home located at the ____________, County of ____, State of Georgia, more particularly described as follows:

    (Legal description)

  4. The wheels, axles, tow bar or hitch were removed when said manufactured home was placed on the permanent site

  5. The manufactured home is permanently connected to a septic tank or sewage system and other utilities such as electricity, water and natural gas.

  6. No other lien or financing affects said manufactured home, other than the following:

    __________________________________________________________________
    Name and Address of Lienholder(s)

    __________________________________________________________________
    Name and Address of Lienholder(s)

  7. Other than those disclosed in this affidavit, the Declarant is not aware of (1) any other claim, lien or encumbrance affecting the Home, (2) any facts or information known the Owner that could reasonably affect the validity of the Owner’s title to the home or the existence or non-existence of security interests in the Home.

  8. The foundation system of the manufactured home has been designed by an engineer to meet the site condition of the site and complies with all laws, rules, regulations, codes and manufacturer’s specifications applicable to manufactured homes becoming a permanent structure on the Land.

  9. It is my intent that said manufactured home becomes immovable property and part of the real property securing the security instrument.

  10. The manufactured home will be assessed and taxed as an improvement to the real property. I /We understand that if Lender does not escrow for these taxes that I/we will be responsible for payment of such taxes.

  11. If the land is being purchased, such purchase and said manufactured home represent a single real estate transaction under Georgia law.

  12. All permits required by governmental authorities have been obtained.

  13. I agree to surrender the Certificate of Title.

  14. The undersigned, in consideration of the purchase of said property and as an inducement to the issuance of title insurance policies by STEWART TITLE GUARANTY COMPANY without exception for the above referenced Home, do hereby agree to hold harmless, protect and indemnify the purchasers; the purchaser’s lender; the closing attorney and STEWART TITLE GUARANTY COMPANY from and against any and all loss, cost or expenses including attorney’s fees, arising directly or indirectly out of the this matter.

Dated this __ day of ______, 2007.

By:__________________________________


Sworn to and subscribed before me this

__ day of ______, 2007.

_______________________________
Unofficial Witness

__________________________________
Notary Public
My commission expires:
(Notary Seal)

References
Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
12.24 Mobile And Manufactured Homes
Exceptions Manual:
None
Forms:
None