Bulletin: WA2021001

Date:
February 04, 2021
To:
All Washington Issuing Offices
RE:
UNDERWRITING - Underwriting the Sale or Conversion of Mobile Home Communities

Dear Associates:

The Washington State legislature finds that mobile home communities provide a significant source of homeownership opportunities for Washington residents. However, the increasing closure and conversion of manufactured/mobile home communities to other uses, combined with increasing lot rents and the extremely high cost of moving homes when manufactured/mobile home communities close creates living insecurity for manufactured/mobile home tenants. Per Statute RCW 59.20.300.

(1) A landlord must provide a written notice of sale of a manufactured/mobile home community by certified mail or personal delivery to:

(a) Each tenant of the manufactured/mobile home community;
(b) The officers of any known qualified tenant organization;
(c) The office of mobile/manufactured home relocation assistance;
(d) The local government within whose jurisdiction all or part of the manufactured/mobile home community exists;
(e) The housing authority within whose jurisdiction all or part of the manufactured/mobile home community exists; and
(f)  The Washington state housing finance commission.

The notice is to be in the form as outlined under RCW 59.21.030 which includes but is not limited to the requirement that the notice along with the required attachments be sent to the Director of the Office of Mobile/Manufactured Home Relocation Assistance within the Department of Commerce, and be recorded in the records of the county in which the community is situated.

Any commitment or report issued to insure the sale of a Mobile Home Community must include an exception along the lines as follows:

Rights of tenants or tenant organization to purchase the mobile home community as set forth under RCW 59.20.300. This exception will be deleted upon confirmation of compliance with the terms of the Statute in addition to a completed owner’s affidavit.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

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:
WA000050 Tenants Right of First Refusal - Mobile Home Parks
Related Bulletins:
None
Underwriting Manual:
12.24 Mobile And Manufactured Homes
Exceptions Manual:
Mobile Homes
Forms:
None