Also known as: manufactured homes
Written by attorneys · grounded in primary & secondary sources — see below
A structure transportable in one or more sections that meets minimum size requirements, is built on a permanent chassis, and is designed for use as a dwelling when connected to utilities.
Monica Morgan purchases a new manufactured home from Majestic Construction and grants it a security interest to secure the purchase price. The home is still on its transport chassis at the time the security agreement is signed. Majestic Construction's interest therefore attaches to the home as goods under the UCC definition.
Michael Miller buys a manufactured home and affixes it to land already subject to a recorded mortgage held by Matrix Technologies. Matrix claims the home as part of the real estate. The court must determine whether the secured party's interest in the home retains priority under certificate-of-title rules even after the home becomes a fixture.
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The UCC includes manufactured homes within the definition of goods. A manufactured home therefore can serve as collateral for a security interest that attaches when the home is movable.
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The structure must be at least eight feet wide or forty feet long in traveling mode, or at least 320 square feet when erected on site. It must also rest on a permanent chassis and be designed for use as a dwelling with utilities.
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A security interest created in a manufactured home in a manufactured-home transaction and perfected under a certificate-of-title statute receives priority over conflicting real-property interests even if the home becomes a fixture.
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Attachment may convert the home into a fixture under real-property law, yet the UCC still supplies special priority rules for interests perfected by certificate-of-title compliance in manufactured-home transactions.
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