Bulletin: NY000084

Date:
April 28, 1995
To:
All Branch Offices and Agents
RE:
Manufactured Housing Unit Endorsement Non-Availability on Mobile Homes Pending a Clarification of Sec. 2108 of the Vehicle and Traffic Law

Dear Associates:

Pursuant to a recent amendment of Sec. 2108 of the Vehicle and Traffic Law, "a certificate of title to a vehicle which is a Mobile Home or a Manufactured Home issued by the Commissioner (of Motor Vehicles) is prima facie evidence of the facts appearing on it, notwithstanding the fact that such vehicle, at any time, in any manner, may have become attached to realty".

This amendment could create a title problem when read in conjunction with the coverage afforded by the Manufactured Housing Unit Endorsement (ALTA Endorsement 7), which provides that the term "land" as defined in the title policy, includes the manufactured housing unit located on the land a the Date of Policy.

Until such time as there is a clarification of the amendment to Section 2108 relating to the issue of title, the Manufactured Housing Unit Endorsement should not be issued on any Mobile home or Traffic Law (i.e., "A structure transportable in one or more sections, which in the traveling mod, is eight body feet or more in width or forty body feet or more in length, or when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein.").

Should you have any questions regarding this matter, please contact Company Counsel.

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.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
12.24 Mobile And Manufactured Homes
Exceptions Manual:
NY Mobile Homes
Forms:
NY ALTA Manufactured Housing Unit Endorsement 7