Good afternoon and pardon the interruption,

A contractor has recorded a claim of lien for work performed on a mobile
home. The mobile home is owned by an individual but on leased land in a
mobile home park. I am aware of Section 713.10(2)(b)(3), Florida Statutes
which indicates the lien will not attach to the land. However, my question
is will the lien attach still attach to the mobile home (personal property)?
The mobile home owner still has a certificate of title (with no finance
company lien holder) to the mobile home.

If anyone has any insight on this topic, please reply directly to the
sender. Thank you in advance for any information.

Kind regards,

Michelle L. Rivera, Esq.
Attorney

law_firm_beneath-lt_blu 22

Williams Law Firm
2273 Lee Road, Suite 200
Winter Park, Florida 32789
Telephone: 407-926-4100

mailto:gtwlaw@ymail.com Michelle@WCLfirm.com

www.WCLFirm.com

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This email message including attachments, if any, is intended for the use of
the individual or entity named above and may contain attorney-client
confidential and/or privileged information.  If the reader of this message
is not the intended recipient, you are hereby notified that any review, use,
disclosure, copying, or distribution is strictly prohibited.  If you have
received this email message in error, please contact the sender by reply
email and destroy all copies of the original message including attachments.
Thank you.

Pursuant to federal regulations imposed on practitioners who render tax
advice ("Circular 230"), we are required to advise you that any tax advice
contained herein is not intended or written to be used for the purpose of
avoiding tax penalties that may be imposed by the Internal Revenue Service.
If this advice is or is intended to be used or referred to in promoting,
marketing or recommending a partnership or other entity, investment plan or
arrangement, the regulations under Circular 230 require that we advise you
as follows: (1) this writing is not intended or written to be used, and it
cannot be used, for the purpose of avoiding tax penalties that may be
imposed on a taxpayer; (2) the advice was written to support the promotion
or marketing of the transaction(s) or matter(s) addressed by the written
advice; and (3) the taxpayer should seek advice based on the taxpayer's
particular circumstances from an independent tax advisor.

I would be interested in any advice you receive.

J. Thomas McKeel, P.A.
J. Thomas McKeel, Esq.
jtm@mckeellaw.com
303 Centre Street Suite 103
Fernandina Beach, Florida 32034
904-261-9437

From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michelle
L. Rivera
Sent: Thursday, June 09, 2016 1:45 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Lien on a Mobile Home itself

Good afternoon and pardon the interruption,

A contractor has recorded a claim of lien for work performed on a mobile
home. The mobile home is owned by an individual but on leased land in a
mobile home park. I am aware of Section 713.10(2)(b)(3), Florida Statutes
which indicates the lien will not attach to the land. However, my question
is will the lien attach still attach to the mobile home (personal property)?
The mobile home owner still has a certificate of title (with no finance
company lien holder) to the mobile home.

If anyone has any insight on this topic, please reply directly to the
sender. Thank you in advance for any information.

Kind regards,

Michelle L. Rivera, Esq.
Attorney

law_firm_beneath-lt_blu 22

Williams Law Firm
2273 Lee Road, Suite 200
Winter Park, Florida 32789
Telephone: 407-926-4100

mailto:gtwlaw@ymail.com Michelle@WCLfirm.com

www.WCLFirm.com

scales.bmp

This email message including attachments, if any, is intended for the use of
the individual or entity named above and may contain attorney-client
confidential and/or privileged information.  If the reader of this message
is not the intended recipient, you are hereby notified that any review, use,
disclosure, copying, or distribution is strictly prohibited.  If you have
received this email message in error, please contact the sender by reply
email and destroy all copies of the original message including attachments.
Thank you.

Pursuant to federal regulations imposed on practitioners who render tax
advice ("Circular 230"), we are required to advise you that any tax advice
contained herein is not intended or written to be used for the purpose of
avoiding tax penalties that may be imposed by the Internal Revenue Service.
If this advice is or is intended to be used or referred to in promoting,
marketing or recommending a partnership or other entity, investment plan or
arrangement, the regulations under Circular 230 require that we advise you
as follows: (1) this writing is not intended or written to be used, and it
cannot be used, for the purpose of avoiding tax penalties that may be
imposed on a taxpayer; (2) the advice was written to support the promotion
or marketing of the transaction(s) or matter(s) addressed by the written
advice; and (3) the taxpayer should seek advice based on the taxpayer's
particular circumstances from an independent tax advisor.

But you can file a mechanics lien against the title...

Sent from my iPad

Michael D. Randolph | Shareholder
G R A Y | R O B I N S O N

1404 Dean Street, Suite 300 | Fort Myers, Florida 33901
T: 239-552-4810 | F: 239-598-3164 | D: 239-552-4810

8889 Pelican Bay Blvd., Suite 400 | Naples, Florida 34108
T: 239-598-3601 | F: 239-598-3164
E-mailmailto:Michael.Randolph@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1007/MichaelD-Randolph | vCardhttp://www.gray-robinson.com/docs/Michael%20Randolph.vcf

Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

On Jun 9, 2016, at 2:36 PM, Greg Elliott <gelliott@elliott-berger.commailto:gelliott@elliott-berger.com> wrote:

My recollection is that you cannot lien motor vehicles or mobile homes under part I of chapter 713.

Sent from my iPhone

On Jun 9, 2016, at 2:06 PM, Tom McKeel <jtm@mckeellaw.commailto:jtm@mckeellaw.com> wrote:

I would be interested in any advice you receive.

J. Thomas McKeel, P.A.
J. Thomas McKeel, Esq.
jtm@mckeellaw.commailto:jtm@mckeellaw.com
303 Centre Street Suite 103
Fernandina Beach, Florida 32034
904-261-9437

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michelle L. Rivera
Sent: Thursday, June 09, 2016 1:45 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Lien on a Mobile Home itself

Good afternoon and pardon the interruption,

A contractor has recorded a claim of lien for work performed on a mobile home. The mobile home is owned by an individual but on leased land in a mobile home park. I am aware of Section 713.10(2)(b)(3), Florida Statutes which indicates the lien will not attach to the land. However, my question is will the lien attach still attach to the mobile home (personal property)? The mobile home owner still has a certificate of title (with no finance company lien holder) to the mobile home.

If anyone has any insight on this topic, please reply directly to the sender. Thank you in advance for any information.

Kind regards,

Michelle L. Rivera, Esq.
Attorney

<image001.png>

Williams Law Firm
2273 Lee Road, Suite 200
Winter Park, Florida 32789
Telephone: 407-926-4100

Michelle@WCLfirm.commailto:gtwlaw@ymail.com
www.WCLFirm.com<www.WilliamsConstructionLaw.com>

<image002.jpg>

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information.  If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited.  If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments.  Thank you.
Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service.  If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

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My Mom was born and raised in a small town in northwest Alabama near Tupelo, Mississippi (birth place of the King).  As a result, the Bolins know a lot about mobile homes (manufactured housing as my Uncle David-Ray used to correct us) but nothing about the Florida lien law relating to such.  Sorry. Arnie.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michelle L. Rivera
Sent: Thursday, June 09, 2016 1:45 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Lien on a Mobile Home itself

Good afternoon and pardon the interruption,

A contractor has recorded a claim of lien for work performed on a mobile home. The mobile home is owned by an individual but on leased land in a mobile home park. I am aware of Section 713.10(2)(b)(3), Florida Statutes which indicates the lien will not attach to the land. However, my question is will the lien attach still attach to the mobile home (personal property)? The mobile home owner still has a certificate of title (with no finance company lien holder) to the mobile home.

If anyone has any insight on this topic, please reply directly to the sender. Thank you in advance for any information.

Kind regards,

Michelle L. Rivera, Esq.
Attorney

[law_firm_beneath-lt_blu 22]

Williams Law Firm
2273 Lee Road, Suite 200
Winter Park, Florida 32789
Telephone: 407-926-4100

Michelle@WCLfirm.commailto:gtwlaw@ymail.com
www.WCLFirm.com<www.WilliamsConstructionLaw.com>

[scales.bmp]

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information.  If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited.  If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments.  Thank you.
Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service.  If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Sometimes mobile homes are considered part of the real estate and sometimes mobile homes are treated as vehicles/personalty.  It has been a long time since I had to sort that out.  It depends on a number of factors.

David C. Willis
Board Certified in Construction Law and Business Litigation

[http://www.rumberger.com/90F6E0/Signature/RKCLogo.jpg]http://www.rumberger.com

Direct: 407.839.2186
Main: 407.872.7300
Cell: 407.497.9174
Email: dwillis@rumberger.com
vCardhttp://www.rumberger.com/90F6E0/assets/files/vcards/David%20Willis.vcf

[vCard]http://www.rumberger.com/90F6E0/assets/files/vcards/David%20Willis.vcf[LinkedIn]https://www.linkedin.com/company/rumberger-kirk-&-caldwell[Twitter]https://twitter.com/rumbergerkirk[Facebook]https://www.facebook.com/rumbergerkirkcaldwell[Orlando Office]https://goo.gl/maps/637GK

300 South Orange Avenue | Suite 1400 | Orlando, FL 32801
Mail To: P.O. Box 1873 | Orlando, FL 32802-1873

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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Greg Elliott
Sent: Thursday, June 09, 2016 4:20 PM
To: Greg Elliott; Michael D. Randolph
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien on a Mobile Home itself

Actually the more specific process for enforcement is at chapter 559 part ix. The definition of motor vehicle includes mobile homes and travel trailers.

Sent from my iPhone

On Jun 9, 2016, at 3:07 PM, Greg Elliott <gelliott@elliott-berger.commailto:gelliott@elliott-berger.com> wrote:
i.e., Chapter 713, Part II

Gregory T. Elliott
ELLIOTT - BERGER, P. A.
10225 Ulmerton Road, Suite 4A
Largo, Florida 33771
(727) 360-2600 (Phone)
(727) 360-6588 (Fax)
Confidentiality Disclaimer: This email message and any attachments are private communications sent by a law firm, Elliott - Berger, P.A., and may contain confidential or legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, then delete the email and any attachments from your system. Thank you.

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------ Original Message ------
From: "Michael D. Randolph" <Michael.Randolph@gray-robinson.commailto:Michael.Randolph@gray-robinson.com>
To: "Greg Elliott" <gelliott@elliott-berger.commailto:gelliott@elliott-berger.com>
Cc: "Tom McKeel" <jtm@mckeellaw.commailto:jtm@mckeellaw.com>; "clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org" <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org>
Sent: 6/9/2016 2:48:19 PM
Subject: Re: [CLC-Discussion] Lien on a Mobile Home itself

But you can file a mechanics lien against the title...

Sent from my iPad

Michael D. Randolph | Shareholder
G R A Y | R O B I N S O N

1404 Dean Street, Suite 300 | Fort Myers, Florida 33901
T: 239-552-4810 | F: 239-598-3164 | D: 239-552-4810

8889 Pelican Bay Blvd., Suite 400 | Naples, Florida 34108
T: 239-598-3601 | F: 239-598-3164
E-mailmailto:Michael.Randolph@gray-robinson.com | Websitehttp://www.gray-robinson.com/ | Biohttp://www.gray-robinson.com/attorneys/detail/1007/MichaelD-Randolph | vCardhttp://www.gray-robinson.com/docs/Michael%20Randolph.vcf

Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
On Jun 9, 2016, at 2:36 PM, Greg Elliott <gelliott@elliott-berger.commailto:gelliott@elliott-berger.com> wrote:
My recollection is that you cannot lien motor vehicles or mobile homes under part I of chapter 713.

Sent from my iPhone

On Jun 9, 2016, at 2:06 PM, Tom McKeel <jtm@mckeellaw.commailto:jtm@mckeellaw.com> wrote:
I would be interested in any advice you receive.

J. Thomas McKeel, P.A.
J. Thomas McKeel, Esq.
jtm@mckeellaw.commailto:jtm@mckeellaw.com
303 Centre Street Suite 103
Fernandina Beach, Florida 32034
904-261-9437

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michelle L. Rivera
Sent: Thursday, June 09, 2016 1:45 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Lien on a Mobile Home itself
Good afternoon and pardon the interruption,

A contractor has recorded a claim of lien for work performed on a mobile home. The mobile home is owned by an individual but on leased land in a mobile home park. I am aware of Section 713.10(2)(b)(3), Florida Statutes which indicates the lien will not attach to the land. However, my question is will the lien attach still attach to the mobile home (personal property)? The mobile home owner still has a certificate of title (with no finance company lien holder) to the mobile home.

If anyone has any insight on this topic, please reply directly to the sender. Thank you in advance for any information.

Kind regards,

Michelle L. Rivera, Esq.
Attorney

<image001.png>

Williams Law Firm
2273 Lee Road, Suite 200
Winter Park, Florida 32789
Telephone: 407-926-4100

Michelle@WCLfirm.commailto:gtwlaw@ymail.com
www.WCLFirm.comhttp://www.williamsconstructionlaw.com/

<image002.jpg>

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information.  If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited.  If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments.  Thank you.
Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service.  If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

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I practice in The Villages.  The original section consisted of manufactured homes.  Many of the lenders want the manufactured home to be converted to real estate.  I have done a few of the closings.  The first inquiry is whether the mobile home/mh is tied down.  If so you can convert it,  If not it stays personal property.  Each mh/mh has a serial number on the certificate of title.  In a visible location there is also a sticker similar to what is on your license plate.  You can check at the Department of Motor Vehicles also to see if it is still personal property.

Since the mh owner is not the land owner, it has to be personal property.  713 Part I only provides for a lien on real property.  713 Part II may provide for a lien but I am not familiar with that section at all.  It seems that the contractor is overreaching. Arlene

[Udick Law Logo_sig]

Arlene C. Udick, Esq.
(p) 352-391-1888
(c) 352-217-3176

EMAIL CONFIDENTIALITY:  The information contained in this electronic message may contain attorney-client privilege and confidential information intended only for use of the owner of the email address listed as the recipient of this message.  If you are not the intended recipient of this email message you are hereby notified that any disclosure, dissemination, distribution, or copying of this information is strictly prohibited.  If you have received this email in error, please notify the sender by return email and/or by telephone at 352-391-1888.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Arnold Tritt
Sent: Thursday, June 09, 2016 3:09 PM
To: Michelle L. Rivera Michelle@wclfirm.com; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien on a Mobile Home itself

My Mom was born and raised in a small town in northwest Alabama near Tupelo, Mississippi (birth place of the King).  As a result, the Bolins know a lot about mobile homes (manufactured housing as my Uncle David-Ray used to correct us) but nothing about the Florida lien law relating to such.  Sorry. Arnie.

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michelle L. Rivera
Sent: Thursday, June 09, 2016 1:45 PM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Lien on a Mobile Home itself

Good afternoon and pardon the interruption,

A contractor has recorded a claim of lien for work performed on a mobile home. The mobile home is owned by an individual but on leased land in a mobile home park. I am aware of Section 713.10(2)(b)(3), Florida Statutes which indicates the lien will not attach to the land. However, my question is will the lien attach still attach to the mobile home (personal property)? The mobile home owner still has a certificate of title (with no finance company lien holder) to the mobile home.

If anyone has any insight on this topic, please reply directly to the sender. Thank you in advance for any information.

Kind regards,

Michelle L. Rivera, Esq.
Attorney

[law_firm_beneath-lt_blu 22]

Williams Law Firm
2273 Lee Road, Suite 200
Winter Park, Florida 32789
Telephone: 407-926-4100

Michelle@WCLfirm.commailto:gtwlaw@ymail.com
www.WCLFirm.com<www.WilliamsConstructionLaw.com>

[scales.bmp]

This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information.  If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited.  If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments.  Thank you.
Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service.  If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

In my view, there is no lien. Because the unit is titled as a motor vehicle,
hence tangible personal property, it is not an "improvement" as defined in
713.01(14) and thus 713 part I doesn't apply at all. Part II would apply
under the classic mechanic's lien in 713.56 and 713.58 (think auto
mechanic), but those liens are possessory. As you will note, 713.58(3)
specifically indicates that the lien is possessory. Hence our poor
contractor is left with a suit on the contract. The real catch 22 is that if
the contractor recovers a judgment, and even though we've concluded it's
personalty, the manufactured home is most likely going to wind up being
homestead and thus exempt from levy. FS 222.05.

Regards,

Lan White

(727) 422-5064

cid:part1.09030708.03060606@elliott-berger.com    AAA 2014 logo print

From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Arlene
Udick
Sent: Thursday, June 09, 2016 5:31 PM
To: Michelle L. Rivera; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien on a Mobile Home itself

I practice in The Villages.  The original section consisted of manufactured
homes.  Many of the lenders want the manufactured home to be converted to
real estate.  I have done a few of the closings.  The first inquiry is
whether the mobile home/mh is tied down.  If so you can convert it,  If not
it stays personal property.  Each mh/mh has a serial number on the
certificate of title.  In a visible location there is also a sticker similar
to what is on your license plate.  You can check at the Department of Motor
Vehicles also to see if it is still personal property.

Since the mh owner is not the land owner, it has to be personal property.
713 Part I only provides for a lien on real property.  713 Part II may
provide for a lien but I am not familiar with that section at all.  It seems
that the contractor is overreaching. Arlene

Udick Law Logo_sig

Arlene C. Udick, Esq.

(p) 352-391-1888

(c) 352-217-3176

EMAIL CONFIDENTIALITY:  The information contained in this electronic message
may contain attorney-client privilege and confidential information intended
only for use of the owner of the email address listed as the recipient of
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From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Arnold
Tritt
Sent: Thursday, June 09, 2016 3:09 PM
To: Michelle L. Rivera Michelle@wclfirm.com;
clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien on a Mobile Home itself

My Mom was born and raised in a small town in northwest Alabama near Tupelo,
Mississippi (birth place of the King).  As a result, the Bolins know a lot
about mobile homes (manufactured housing as my Uncle David-Ray used to
correct us) but nothing about the Florida lien law relating to such.  Sorry.
Arnie.

From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michelle
L. Rivera
Sent: Thursday, June 09, 2016 1:45 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Lien on a Mobile Home itself

Good afternoon and pardon the interruption,

A contractor has recorded a claim of lien for work performed on a mobile
home. The mobile home is owned by an individual but on leased land in a
mobile home park. I am aware of Section 713.10(2)(b)(3), Florida Statutes
which indicates the lien will not attach to the land. However, my question
is will the lien attach still attach to the mobile home (personal property)?
The mobile home owner still has a certificate of title (with no finance
company lien holder) to the mobile home.

If anyone has any insight on this topic, please reply directly to the
sender. Thank you in advance for any information.

Kind regards,

Michelle L. Rivera, Esq.
Attorney

law_firm_beneath-lt_blu 22

Williams Law Firm
2273 Lee Road, Suite 200
Winter Park, Florida 32789
Telephone: 407-926-4100

Michelle@WCLfirm.com mailto:gtwlaw@ymail.com

www.WCLFirm.com

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