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