O.C.G.A.

O.C.G.A. § 8-2-181 (2019)

Manufactured home as personal property; requirements for real property status; requirements for Certificate of Permanent Location

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) Except as provided in Subpart 1A of this part, a manufactured home shall constitute personal property and shall be subject to the “Motor Vehicle Certificate of Title Act,” Chapter 3 of Title 40, until such time as the home is converted to real property as provided for in this part or as provided in Subpart 1A of this part.

(b) A manufactured home shall become real property if:

(1) The home is or is to be permanently affixed on real property and one or more persons with an ownership interest in the home also has an ownership interest in such real property; and

(2) The owner of the home and the holders of all security interests therein execute and file a Certificate of Permanent Location:

(A) In the real estate records of the county where the real property is located; and

(B) With the commissioner.

(1) The name and address of the owner of the home;

(2) The names and addresses of the holders of any security interest in and of any lien upon the home;

(3) The title number assigned to the home;

(4) A description of the real estate on which the home is or is to be located, including the name of the owner and a reference by deed book and page number to the chain of title of such real property; and

(5) Any other data the commissioner prescribes.

History

Code 1981, § 8-2-181, enacted by Ga. L. 2003, p. 430, § 1; Ga. L. 2005, p. 334, § 3-1/HB 501; Ga. L. 2006, p. 702, § 1/SB 253.

Annotations

Law reviews. For annual survey of real property law, see 58 Mercer L. Rev. 367 (2006).

JUDICIAL DECISIONS Application with federal law. - Provisions of O.C.G.A. § 8-2-181 did not apply for consideration of whether or not the debtors’ mobile home, purchased and placed on the real property at issue in April 2000, was a fixture to the property so that the provisions of 11 U.S.C. § 1322 applied to a creditor’s mortgage interest. Williamson v. Wash. Mut. Home Loans, Inc., 387 B.R. 914, 2008 Bankr. LEXIS 1585 (Bankr. M.D. Ga. 2008), aff’d, 400 B.R. 917, 2009 U.S. Dist. LEXIS 7939 (M.D. Ga. 2009). In an appeal from a decision by a bankruptcy court in which that court found

that a lender’s claim was secured by a security interest in real property consisting of the debtors’ principal residence, which was a mobile home, and could not be modified under 11 U.S.C. § 1322(b)(2), O.C.G.A. § 8-2-181 was inapplicable. The Georgia law became effective on May 31, 2003, whereas the loan was made in April 2000, and the date of the loan was the critical date in determining whether the lender’s claim was protected by § 1322(b)(2). Williamson v. Wash. Mut. Home Loans, Inc., 400 B.R. 917, 2009 U.S. Dist. LEXIS 7939 (M.D. Ga. 2009).

Notes of Decisions

Cited in 2 cases, 2008–2009 · leading case: Williamson v. Washington Mut. Home Loans, Inc. (In Re Williamson), 387 B.R. 914 (Bankr. M.D. Ga. 2008).

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Williamson v. Washington Mut. Home Loans, Inc. (In Re Williamson), 387 B.R. 914 (Bankr. M.D. Ga. 2008). · cites it 7× “O.C.G.A. § 8-2-181 (2004) (amended 2006).”

Williamson v. Washington Mut. Home Loans, Inc., 400 B.R. 917 (M.D. Ga. 2009). · cites it 10× “) However, O.C.G.A. § 8-2-181 became effective on May 31, 2003, whereas Taylor Bean made the loan in April 2000.”

— 8-2-181(b) — 1 case

Williamson v. Washington Mut. Home Loans, Inc., 400 B.R. 917 (M.D. Ga. 2009). “) However, O.C.G.A. § 8-2-181 became effective on May 31, 2003, whereas Taylor Bean made the loan in April 2000.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.