Lien on a Mobile Home itself
Those would be Jim Walter Homes.
On Jun 9, 2016, at 3:12 PM, Arnold Tritt <arnold.tritt@atritt.commailto:arnold.tritt@atritt.com> wrote:
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
<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>
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Best answer yet! Possession of the collateral is key. Lost possession, no
lien. Think car repair.
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
lan@lwwhiteattorney.com
Sent: Thursday, June 09, 2016 7:54 PM
To: 'Arlene Udick'; 'Michelle L. Rivera';
clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien on a Mobile Home itself
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
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.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
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.
Thank you all for your information, it had been very helpful.. Have a lovely
weekend.
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
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.
From: lan@lwwhiteattorney.com [mailto:lan@lwwhiteattorney.com]
Sent: Thursday, June 9, 2016 7:54 PM
To: 'Arlene Udick'; 'Michelle L. Rivera';
clc-discussion@lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Lien on a Mobile Home itself
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
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.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
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.
