Legal Update

Interested in learning more about Manufactured Homes to increase your business?

Below are links to the federal government information on manufactured housing (HUD) and a link to the Manufactured Housing Institute.

Keep in mind that the term “mobile home” is technically obsolete even though used in conversations.

Basically, the primary difference between manufactured housing and modular housing is that manufactured housing is built on a chassis (usually steel). If you go underneath a manufactured home, you are likely to see steel beams.

Modular housing is pre-built sections that are assembled on site. If you go under one of these homes, you are likely to see wood beams.

Also, a manufactured home usually has a towing hitch referred to as a tongue. Often lenders will require the tongue be cut off (usually with a blow torch) so that the home cannot easily be towed away in the night. Since the home is collateral for the loan, the lender does not want a defaulting borrower moving the home.

Manufactured homes have a SC Department of Motor Vehicles title that can be “retired” by the closing attorney with a few documents. This means that the home is to remain on the property and should be considered “real estate” by everyone in the world.

Previously, some counties refused to recognize manufactured homes as real estate which would require liens put on the DMV title and a separate tax bill. The new state law creates uniformity in county procedures.

Now, liens are recorded as mortgages and a single tax bill is generated.

Another clue that a structure is manufactured housing instead of modular or site built is that manufactured housing usually has a small silver plate on the outside which gives the serial number of the chassis and attached structure.

If you deal in manufactured housing for an owner that has multiple manufactured properties, please contact the Legal Hotline (1-803-772-5206 ) to determine if you need to obtain a SC Manufactured Housing Retail Dealer’s License or go to http://www.manufacturedhousing.org/default.asp.