How Manufactured Home Classification Is Determined
The classification of a manufactured home as real property or personal property is determined by a combination of state law and physical characteristics. The process generally involves three elements: the home must be permanently affixed to a foundation meeting applicable standards, the borrower must own the land on which the home is situated, and the personal property title (often called a certificate of title or MSO/manufacturer’s statement of origin) must be surrendered or retired according to state procedures.
In some states, surrendering the personal property title is straightforward: the homeowner files a form with the state motor vehicle or housing agency, pays a fee, and the personal property title is eliminated from the record. The home is then conveyed through real property deed and appears in county land records like any other real estate. In other states, the process is more complex, may involve recording an affidavit of affixation, or may require a specific legal process to convert the title. Borrowers and their lenders must follow the procedures specific to their state.
Title companies play a critical role in this process. The title search for a manufactured home purchase must confirm that the personal property title has been properly retired (or will be at closing), that no liens exist on the personal property title, and that the home is legally part of the real property. If the personal property title has not been surrendered, the home may still be treated as chattel by lien holders, even if it is permanently affixed to a foundation.
The Foundation Certification Process
Foundation certification is a specific documentation requirement for manufactured home mortgages. The lender requires a certification from a licensed professional engineer or registered architect confirming that the foundation was designed and constructed to support the manufactured home and that it meets applicable codes and standards.
For FHA loans, the foundation must comply with the HUD Permanent Foundations Guide or an equivalent engineered design. The engineer inspects the foundation, verifies compliance with the design specifications, and issues a signed and sealed certification letter. This letter is a required document in the loan file. Without it, the FHA loan cannot close.
For conventional loans, Fannie Mae requires the certification to confirm compliance with the manufacturer’s installation instructions and applicable state or local codes. If the home was installed by a licensed installer who followed the manufacturer’s specifications, obtaining the certification may be straightforward. If the installation deviates from the specifications or the home was installed before current standards were in place, the engineer may need to evaluate whether the existing foundation meets current requirements.
The cost of a foundation certification typically ranges from $300 to $1,000 depending on geographic location and the complexity of the inspection. Borrowers should budget for this cost and arrange the inspection early in the mortgage process to avoid closing delays .
Chattel Loans vs. Real Estate Mortgages
The financing terms for manufactured homes classified as personal property differ dramatically from real estate mortgages. Chattel loans are personal property loans originated under different legal frameworks than mortgages. Key differences include:
Interest Rates: Chattel loan rates are typically 1.5% to 5.0% higher than comparable real estate mortgage rates. A borrower who might qualify for a 6.5% mortgage on a real property manufactured home could face rates of 8.0% to 11.5% on a chattel loan for a personal property home .
Loan Terms: Chattel loans typically have maximum terms of 15 to 23 years, compared to 30 years for real estate mortgages. The shorter term, combined with the higher rate, produces significantly higher monthly payments.
Consumer Protections: Chattel loans are not subject to many of the consumer protection regulations that apply to real estate mortgages, such as the Truth in Lending Act’s right of rescission on refinances. Foreclosure procedures for chattel loans follow personal property repossession laws, which in many states allow faster seizure with less judicial oversight than real estate foreclosure.
Tax Treatment: Interest on chattel loans may not be deductible as mortgage interest for federal income tax purposes because the loan is not secured by real property. Homeowners who itemize deductions may lose this benefit .
Manufactured Home Loan-Level Price Adjustments
Fannie Mae and Freddie Mac impose LLPAs specific to manufactured housing in addition to the standard LLPAs for credit score and LTV. These adjustments increase the effective interest rate on manufactured home loans compared to site-built homes. The manufactured housing LLPA can range from 0.50% to 1.50% depending on the specific characteristics (single-section vs. multi-section, LTV, and credit score) . This pricing differential reflects the higher risk associated with manufactured homes, including depreciation risk, lower liquidity, and historically higher default rates.
Related topics include modular home financing, mixed-use property mortgage guidelines, fixer-upper and renovation loan options (203k, homestyle), and property type impact on loan eligibility.