FOR HOMEOWNERS
Resources for owners of manufactured homes.
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Today’s modern-day manufactured homes are known for their energy efficiency. In fact, most homecenters offer homes built entirely to ENERGY STAR standard.
Homeowners can save even more energy dollars by following some of these suggestions from the SC Energy Office. Of course, some older site-built and factory-built homes are not as super-efficient as today’s manufactured homes, but these tips can increase savings for older homes as well.
Reduce Cooling Costs by Preventing the Sun from Getting In
Planting fast-growing shade trees to protect your home from unwanted summer sun can add beauty and value to your home and reduce the need for air conditioning. Shading the east and west sides is particularly important. These walls get the most sunlight in summer.
Carports and porches provide excellent shading for windows. Exterior solar shade screens can significantly cut down on the amount of heat a window lets in while also providing privacy. Using light colored shades or blinds to reflect sunlight back through the glass will also help reduce air conditioning costs. Keeping the shades drawn during the day will also help.
Shading the roof is more difficult than walls and windows. It takes years for trees to grow tall enough to shade the roof. Applying a reflective coating may help reduce cooling costs. Many of these coatings provide some protection against water leaks. In a test comparing three brands of roof coating over a three-month period, the coatings reduced roof temperature by an average of 21-30 degrees over an uncoated roof.
Position Your Home to Use the Sun
The direction your manufactured home faces can save you money. Having the long sides face north and south, and the short sides east and west will take advantage of the sun’s heating in winter and provide the greatest protection from the summer sun. Ideally, the side with the most windows should face south to maximize the winter heating from sunlight.
Make Sure Your Ducts Are Sealed and Insulated
Many manufactured homes have ductwork for their central heating and cooling equipment that is located outside the home. It is critical that this ductwork be airtight and well insulated. Ductwork is usually installed in the floor cavity of a manufactured home. This cavity also has insulation that is held in place by sheathing, called the bottom or belly board.
If your home is older, it wouldn’t hurt to have a professional test it for leakage and proper insulation. Holes in this sheathing allow heated and cooled air to escape to the outside. Sealing holes in the floor sheathing can save money on your energy bills.
Choose High Efficiency Heating and Cooling Equipment
The modern-day ENERGY STAR homes described above have very efficient “High SEER” heating and cooling systems.
If your home has an older, efficient heating and cooling equipment, consider a replacement system. The money you save on heating and cooling costs can quickly repay the purchase price.
Some older manufactured homes (or mobile homes) have an electric resistance furnace. An electric furnace lowers the cost of the home, but creates higher winter heating costs than a heat pump or gas furnace. Upgrading from electric resistance heat to a gas furnace or electric heat pump will save you money on utility bills. (“Mobile homes were the 1960s and 1970s predecessor to today’s modern-day manufactured homes. Present-day manufactured homes are built to rigid standards for energy efficiency and safety.)
Insulation
Most manufactured homes sold in South Carolina in the last 15 years have R-30 for roofs, R-11 for walls and R-19 for floors. Without getting too technical, those insulation levels work perfectly for the state’s climate. Older houses are more likely to benefit from adding extra insulation.
Having an “energy audit” can tell you whether the energy savings would be worth the cost of adding insulation. The cost of an energy audit varies, so getting a price up front is a good idea. Some utilities provide free energy audits. These mainly involve general advice on energy efficiency rather than a
Certain homes may have attic spaces in which you can install extra insulation. Most insulation companies can also blow insulation directly into the floor cavity. In some cases, the tightly sealed construction of a manufactured may make it less feasible to add insulation.
Windows and Doors
Most manufactured homes sold in SC since 2005 have storm or double pane glass windows and insulated or storm doors. Window replacement is rarely cost-effective based on energy savings. If replacing broken windows, use insulated glass with a thermal break for metal frames. Consider low-e glass for unshaded east or west facing windows.
THANK YOU. Much of the information in this article was provided by the SC Energy Office, a state agency which promotes energy efficiency and conservation in our state.
Selling Your Manufactured Home
Studies show that manufactured home owners have a high satisfaction rate. When it is time to move up to a larger home, many opt to buy another factory-built home. It’s a common practice to “trade in” your current home when you buy a new home. Or you may decide to sell your current home yourself.
Here is some helpful information:
-
According to the SC Department of Motor Vehicles, if a manufactured home is bought/sold between two people, sales tax is not required. This type of transaction is called a “casual sale” and not taxed.
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In many cases, the title to your home will be needed to complete the sale. The title is the document that proves you own the home.
If you can’t locate the title, you should be able to obtain a copy from the “DMV,” the SC Department of Motor Vehicles.
The steps are outlined below.
Sometimes getting the title can be a challenge, especially if you don’t have all the information the agency requires. Your home retailer, lender or closing attorney may be able to help you. Attorney Chris Tuttle said his firm now offers title location as a popular service.
-
Step One: Forms
- Complete this form: Application for Certificate of Title– Form 400
- Get an “Affidavit of Responsibility” from the county. This form must be signed and notarized.
Step Two: Mail Documents
- The Application for Certificate of Title, (Form 400)
- Affidavit of Responsibility
- Your check made payable to the South Carolina Department of Revenue & Taxation, in the amount of $5.00. This is the titling fee.
- The original Certificate of Origin or the duplicate Certificate of Origin you obtained from the manufacturer.
(Retaining copies of all original documents is advised before mailing to the DOR.)
Mail the following documents to:
South Carolina Department of Revenue and Taxation
Titling Department
PO Box 1498
Columbia, SC 29216-0024Need help?
Attorneys who have detailed knowledge about manufactured and modular home transactions can help with these challenges as well as every day real estate legal services such as closings and title searches.
Tuttle and Associates
Statewide (864) 558-0588 realestate@tuttlelawsc.comServices for Manufactured Homeowners, Buyers and Sellers:
• Title searches
• Correcting Title Errors
• Real Estate Closings
• Lost Title Issues
• De-Titling
• Re-Titling
• TransfersLaw Office of Christopher J. Moran
Columbia (803) 765-1455 chris@moranlaw.bizServices for Manufactured Homeowners, Buyers and Sellers:
- Real Estate Closings
- De-Titling
- Transfers
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If you can’t locate the original Certificate of Origin on your home, write to the manufacturer, requesting a duplicate of the Certificate of Origin
- List information such as the model, serial number, and retailer the home was purchased from. (See below, “Finding the Serial Number.”)
- Enclose a postage-paid, self-addressed return envelope.
Occasionally you may find that the manufacturer doesn’t have a copy of the Certificate of Origin. Or it may have gone out of business. In that case, the DMV is often able to find the title on your home through the Vehicle Identification Number, sometimes called the “VIN,” “VIN number,” or “serial number.” (The serial number is actually part of the VIN.)
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The VIN can be found on a document called the data plate, which is actually an 8” x 11” piece of paper which is affixed to all manufactured homes by the manufacturer. The data plate is usually found in a location such as the wall of a bedroom or kitchen closet or the inside of a kitchen cabinet. The VIN number is also listed on the Bill of Sale.
If you can’t find any of this paperwork, you can still retrieve the VIN on the outside of the home. Manufactured homes are built on a steel frame (as is the Biltmore House). The VIN is also stamped into that frame at the “front beam cross-member.” That’s the point on the frame where the hitch is bolted on the frame in order to pull the house to the home site. It will be on one of the narrow ends of the home or home section.
A Note About Terminology: The Department of Motor Vehicles uses outdated terminology in their record-keeping such as “VIN number” and “mobile home.” That’s because their system goes back to decades ago when the predecessor to the modern-day manufactured home was more likely to be moved. The DMV uses its motor vehicle registration system for manufactured homes.
-
Many manufactured home owners “detitle” their home. The home and land are combined into one property and the owners receive one tax bill for both. Detitling is an option that can get the buyer a lower interest rate.
The DMV describes the process for selling a detitled home on the agency’s website
If the title has been retired on a mobile home and the home will be attached to real property in its new location, you do not need to get a new title. The homebuyer must file a Manufactured Home Severance Affidavit with the county’s register of deed or clerk of court in the county the home is being moved to and the county it’s being moved from.
If the home will not be attached to real property, the owner must get a new title from the SCDMV. If you’re getting a new title, the lien must be released or the lien holder must consent to transfer the lien to the new home, and you must mail all paperwork to the address below:
SCDMV
Titles and Registration
PO Box 1498
Blythewood, SC 29016-0024You must send all of the following documents:
- Completed Application for Title/Registration of Mobile Home (SCDMV Form 400)
- Identification proving you are who you say you are
- Stamped, clocked copy of the Manufactured Home Severance Affidavit
- Affidavit of Security Interest of Record
This document is written by an SC-licensed attorney, and identifies, in order of priority, any party having a security interest on the real property. - $15 – Mail a check or money order, made out to the SCDMV, to the address above. Do not mail cash.
You must file a copy of the completed Application for Title/Registration of Mobile Home (SCDMV Form 400) with the county the home was previously located in.
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A good place to start is to get a payoff quote showing how much you owe on your present home and to get an appraisal estimating how much you can get for your home.
Payoff Quote
The company that services the mortgage can provide you with a payoff quote showing what you still owe on the mortgage. Your lender can give you the address or email to request the quote. These can no longer be requested by phone because the company has to keep track of who requested the payoff information. Payoff quotes are normally good for 15 days and the daily per diem should the payoff go over the 15 day period.Appraisal
The next step typically is to call an appraisal company experienced in working with manufactured homes. The fee for the appraisal may run from around $295 to $350.Once the seller and buyer agree on a sales price, the seller should once again get a payoff quote from their lender to share with the buyer’s lender.
If the purchaser is getting a loan, the buyer’s lender will pay the seller’s lender the amount of the payoff at the closing and pay the difference to the seller. The buyer’s lender will then get the released title sent straight to them so that they can put their new lien on the title.
For a cash transaction, it may be wise to do the closing through an attorney or closing agent. (“Cash transaction” here means that buyer isn’t borrowing any money, not that actual cash is involved.)
The extra protection of using an attorney or closing agent may be advisable because there will be no lender involved. Lenders are licensed and bonded in the where states they operate and a buyer or seller would have reasonable assurances that they will get their money and legal requirements have been met.
Frequently Asked Questions
-
Know the age of your home. Know what wind level the home is designed to withstand.
Most of the wind damage viewers see on television involves older homes. Prior to 1976 the homes were built to a patchwork of state, local and voluntary codes. Some were well built; others were not.
Wind resistance levels are printed in the homeowner’s manual as well as on the “data plate” located in each home. Data plates are typically found in the home’s utility room, inside a kitchen cabinet, or similar location.
Verify that your home was installed properly.
The most common reason for wind damage in manufactured homes is improper installation, rather than the structure of the home itself. A manufactured home will perform properly in high winds only if it is properly installed. Determine if a home was installed by a contractor licensed by the SC Manufactured Housing Board (SCMHB.) These installers must undergo training, testing, and be licensed and bonded.
If the home wasn’t installed by a company licensed by the SCMHB, the homeowner should have a licensed installer inspect the set-up of the home. To check the licensing status of an individual or company, call the Manufactured Housing Board at (803) 896-4682.
Do your own inspection.
Manufactured homes are anchored by a series of 10 to 20 large steel anchors, depending on the size of the home. The anchors are connected by metal anchor straps to the heavy steel frame that the house rests on.
Inspect each anchor strap beneath your home to be certain that there is no slack or play in the strap. Check also for rusted straps and have these replaced. Also, check for signs of movement in the anchors themselves. These inspections are particularly important the first six months after the home is installed (due to settling) and after a storm.
Anchor straps can be tightened with a socket, ratchet and an adjustable wrench, but most consumers will want to leave the replacement of straps and resetting of anchors to a professional.
Finally, remember that of course even the best-prepared homeowners should evacuate their homes when local authorities recommend evacuation — regardless of whether their house is site-built or factory-built. Ignoring warnings and evacuation notices puts homeowners at needless risk.
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The Data Plate is a paper label affixed inside the home and is the size of a standard sheet of paper (8 ½” x 11”). The Data Plate can be found in a kitchen cabinet, an electrical panel, or a bedroom closet. The Data Plate has maps of the United States to inform the owner of the Wind Zone, Snow Load, and Roof Load of the home.
To find the date of manufacture, look for a data plate located inside your home, usually on or near the main electrical panel, in a kitchen cabinet, or in a bedroom closet. The data plate offers information about the home’s HVAC, i.e., heating, cooling, and other appliances and components. The data plate also shows you the wind zone and snow load for which the home was built.
A red HUD plate will be stamped with a serial number and attached to the exterior of the home.
For more, visit HUD.gov at https://www.hud.gov/program_offices/housing/rmra/mhs/mhslabels
-
Many manufactured homeowners “de-title” their home. The home and land are combined into one property and the owners receive one tax bill for both. De-titling is an option that can get the buyer a lower interest rate
-
Many manufactured home communities have pet policies. These are designed to make living in the community pleasant for all the residents. Most communities are pet friendly but have policies that limit the number, size, weight, or breed of the animals.
Some MH communities have no-pet policies. These are ideal for people who don’t have pets and are happy not to be around them.
When you are choosing a community, it’s important to learn about any policies before you make the move. Not following the rules is considered a breach of contract and could result in eviction.
Service Animals
In specific circumstances, a person may be able to keep a service animal or support animal in a no-pet community. Service animals are properly trained to assist persons with disabilities and play a vital role in establishing independence for such persons.
Some residents try to use these rules to get around no pet policies in a way that is unfair to other community members who have legitimate disabilities.
State and local governments have stepped in to protect the rights of other residents. Act44, passed by the SC legislature in 2020 states
…[T]here is an increasing number of occurrences in which people exploit the confusion related to service animals and attempt to bring an animal into a place that it would otherwise not be allowed to enter by passing off the pet, therapy animal, or emotional support animal as a service animal, either by oral misrepresentation, placement of a vest or other marking on the animal, or presentation of a “certificate”, despite knowing that it is not a service animal.
Act 44 makes it a crime to misrepresent an animal as a service animal in South Carolina.
Government has also stepped in to make the definitions of service animals clearer.
The Key Word is Disability
The US Department of Housing and Urban Development (HUD), which enforces the nation’s Fair Housing Laws, issued a notice (FHEO-2020-1) stating that
- A service animal must be one individually training to do work or perform tasks for the benefit of an individual with a
- A support animal provides assistance or therapeutic support for individual with disabilities.
Note that in both cases, the key word is disability.
Under the Fair Housing Act, a disability is a physical or mental impairment that substantially limits one or more major life activities.
The SC law, Act 44, says a
“A landlord may ask a tenant or prospective tenant the following questions to determine whether an animal that is not a service animal should be deemed a reasonable accommodation:
(a) Does the person seeking to use and live with the animal have a disability that is a physical or mental impairment that substantially limits one or more major life activities?
(b) Does the person seeking to use and live with the animal have a disability-related need for the animal?
(2) Landlords may request documentation to verify the tenant’s responses to the above questions. Such documentation shall be deemed sufficient if it establishes that an individual has a disability and that the animal in question will provide some type of disability-related assistance or emotional support.”
So the bottom line is, for a animal to be a legitimate service or support animal, it must perform specific tasks to aid a person in dealing with a disability. A disability is defined as a physical or mental impairment that substantially limits one or more major life activities. The landlord may request documentation. Misrepresentation is a crime under SC law.
This article is intended as a general introduction to the rules concerning service and support animals and does not include all the specifics of those laws. The article, of course, should not be relied upon as legal advice.
For more information:
-
Click Here for our comprehensive map of Service & Supply Companies
Selling Your Manufactured Home
Studies show that manufactured home owners have a high satisfaction rate. When it is time to move up to a larger home, many opt to buy another factory-built home. It’s a common practice to “trade in” your current home when you buy a new home. Or you may decide to sell your current home yourself.
Here is some helpful information:
-
According to the SC Department of Motor Vehicles, if a manufactured home is bought/sold between two people, sales tax is not required. This type of transaction is called a “casual sale” and not taxed.
-
In many cases, the title to your home will be needed to complete the sale. The title is the document that proves you own the home.
If you can’t locate the title, you should be able to obtain a copy from the “DMV,” the SC Department of Motor Vehicles.
The steps are outlined below.
Sometimes getting the title can be a challenge, especially if you don’t have all the information the agency requires. Your home retailer, lender or closing attorney may be able to help you. Attorney Chris Tuttle said his firm now offers title location as a popular service.
-
Step One: Forms
- Complete this form: Application for Certificate of Title– Form 400
- Get an “Affidavit of Responsibility” from the county. This form must be signed and notarized.
Step Two: Mail DocumentsThe Application for Certificate of Title, (Form 400)
Affidavit of Responsibility
Your check made payable to the South Carolina Department of Revenue & Taxation, in the amount of $5.00. This is the titling fee.
The original Certificate of Origin or the duplicate Certificate of Origin you obtained from the manufacturer.
(Retaining copies of all original documents is advised before mailing to the DOR.)
Mail the following documents to:
South Carolina Department of Revenue and Taxation
Titling Department
PO Box 1498
Columbia, SC 29216-0024
-
If you can’t locate the original Certificate of Origin on your home, write to the manufacturer, requesting a duplicate of the Certificate of Origin
- List information such as the model, serial number, and retailer the home was purchased from. (See below, “Finding the Serial Number.”)
- Enclose a postage-paid, self-addressed return envelope.
Occasionally you may find that the manufacturer doesn’t have a copy of the Certificate of Origin. Or it may have gone out of business. In that case, the DMV is often able to find the title on your home through the Vehicle Identification Number, sometimes called the “VIN,” “VIN number,” or “serial number.” (The serial number is actually part of the VIN.)
-
The VIN can be found on a document called the data plate, which is actually an 8” x 11” piece of paper which is affixed to all manufactured homes by the manufacturer. The data plate is usually found in a location such as the wall of a bedroom or kitchen closet or the inside of a kitchen cabinet. The VIN number is also listed on the Bill of Sale.
If you can’t find any of this paperwork, you can still retrieve the VIN on the outside of the home. Manufactured homes are built on a steel frame (as is the Biltmore House). The VIN is also stamped into that frame at the “front beam cross-member.” That’s the point on the frame where the hitch is bolted on the frame in order to pull the house to the home site. It will be on one of the narrow ends of the home or home section.
A Note About Terminology: The Department of Motor Vehicles uses outdated terminology in their record-keeping such as “VIN number” and “mobile home.” That’s because their system goes back to decades ago when the predecessor to the modern-day manufactured home was more likely to be moved. The DMV uses its motor vehicle registration system for manufactured homes.
-
Many manufactured home owners “detitle” their home. The home and land are combined into one property and the owners receive one tax bill for both. Detitling is an option that can get the buyer a lower interest rate.
The DMV describes the process for selling a detitled home on the agency’s website
If the title has been retired on a mobile home and the home will be attached to real property in its new location, you do not need to get a new title. The homebuyer must file a Manufactured Home Severance Affidavit with the county’s register of deed or clerk of court in the county the home is being moved to and the county it’s being moved from.
If the home will not be attached to real property, the owner must get a new title from the SCDMV. If you’re getting a new title, the lien must be released or the lien holder must consent to transfer the lien to the new home, and you must mail all paperwork to the address below:
SCDMV
Titles and Registration
PO Box 1498
Blythewood, SC 29016-0024You must send all of the following documents:
- Completed Application for Title/Registration of Mobile Home (SCDMV Form 400)
- Identification proving you are who you say you are
- Stamped, clocked copy of the Manufactured Home Severance Affidavit
- Affidavit of Security Interest of Record
This document is written by an SC-licensed attorney, and identifies, in order of priority, any party having a security interest on the real property. - $15 – Mail a check or money order, made out to the SCDMV, to the address above. Do not mail cash.
You must file a copy of the completed Application for Title/Registration of Mobile Home (SCDMV Form 400) with the county the home was previously located in.
-
A good place to start is to get a payoff quote showing how much you owe on your present home and to get an appraisal estimating how much you can get for your home.
Payoff Quote
The company that services the mortgage can provide you with a payoff quote showing what you still owe on the mortgage. Your lender can give you the address or email to request the quote. These can no longer be requested by phone because the company has to keep track of who requested the payoff information. Payoff quotes are normally good for 15 days and the daily per diem should the payoff go over the 15 day period.Appraisal
The next step typically is to call an appraisal company experienced in working with manufactured homes. The fee for the appraisal may run from around $295 to $350.Once the seller and buyer agree on a sales price, the seller should once again get a payoff quote from their lender to share with the buyer’s lender.
If the purchaser is getting a loan, the buyer’s lender will pay the seller’s lender the amount of the payoff at the closing and pay the difference to the seller. The buyer’s lender will then get the released title sent straight to them so that they can put their new lien on the title.
For a cash transaction, it may be wise to do the closing through an attorney or closing agent. (“Cash transaction” here means that buyer isn’t borrowing any money, not that actual cash is involved.)
The extra protection of using an attorney or closing agent may be advisable because there will be no lender involved. Lenders are licensed and bonded in the where states they operate and a buyer or seller would have reasonable assurances that they will get their money and legal requirements have been met.
Frequently Asked Questions
-
Know the age of your home. Know what wind level the home is designed to withstand.
Most of the wind damage viewers see on television involves older homes. Prior to 1976 the homes were built to a patchwork of state, local and voluntary codes. Some were well built; others were not.
Wind resistance levels are printed in the homeowner’s manual as well as on the “data plate” located in each home. Data plates are typically found in the home’s utility room, inside a kitchen cabinet, or similar location.
Verify that your home was installed properly.
The most common reason for wind damage in manufactured homes is improper installation, rather than the structure of the home itself. A manufactured home will perform properly in high winds only if it is properly installed. Determine if a home was installed by a contractor licensed by the SC Manufactured Housing Board (SCMHB.) These installers must undergo training, testing, and be licensed and bonded.
If the home wasn’t installed by a company licensed by the SCMHB, the homeowner should have a licensed installer inspect the set-up of the home. To check the licensing status of an individual or company, call the Manufactured Housing Board at (803) 896-4682.
Do your own inspection.
Manufactured homes are anchored by a series of 10 to 20 large steel anchors, depending on the size of the home. The anchors are connected by metal anchor straps to the heavy steel frame that the house rests on.
Inspect each anchor strap beneath your home to be certain that there is no slack or play in the strap. Check also for rusted straps and have these replaced. Also, check for signs of movement in the anchors themselves. These inspections are particularly important the first six months after the home is installed (due to settling) and after a storm.
Anchor straps can be tightened with a socket, ratchet and an adjustable wrench, but most consumers will want to leave the replacement of straps and resetting of anchors to a professional.
Finally, remember that of course even the best-prepared homeowners should evacuate their homes when local authorities recommend evacuation — regardless of whether their house is site-built or factory-built. Ignoring warnings and evacuation notices puts homeowners at needless risk.
-
The Data Plate is a paper label affixed inside the home and is the size of a standard sheet of paper (8 ½” x 11”). The Data Plate can be found in a kitchen cabinet, an electrical panel, or a bedroom closet. The Data Plate has maps of the United States to inform the owner of the Wind Zone, Snow Load, and Roof Load of the home.
To find the date of manufacture, look for a data plate located inside your home, usually on or near the main electrical panel, in a kitchen cabinet, or in a bedroom closet. The data plate offers information about the home’s HVAC, i.e., heating, cooling, and other appliances and components. The data plate also shows you the wind zone and snow load for which the home was built.
A red HUD plate will be stamped with a serial number and attached to the exterior of the home.
For more, visit HUD.gov at https://www.hud.gov/program_offices/housing/rmra/mhs/mhslabels
-
Many manufactured homeowners “de-title” their home. The home and land are combined into one property and the owners receive one tax bill for both. De-titling is an option that can get the buyer a lower interest rate
-
Manufacturers place serial numbers on all manufactured homes. These numbers are located on either bedroom or kitchen closet doors, kitchen drawers, or the tongue (the pulling device), and on the Bill of Sale or original Certificate of Origin. This number is needed to obtain a duplicate title from the Department of Transportation (DOT).
Can’t locate the original Certificate of Origin on your home?
1. Write to the manufacturer, requesting a duplicate of the Certificate of Origin.
2. List information such as the model, serial number, and retailer the home was purchased from.
3. Enclose a postage paid, self-addressed return envelope.
4. Contact the Department of Transportation for the following forms:
• Application for Certificate of Title- Form 400
• Affidavit of Responsibility — This form must be signed and notarized.
5. Mail the following documents to: South Carolina Department of Revenue and Taxation, Titling Department, PO Box 1498, Columbia, SC 29216-0024
• The Application for Certificate of Title, (Form 400) and the Affidavit of Responsibility
• The original Certificate of Origin or the duplicate Certificate of Origin you obtained from the manufacturer
• Your check made payable to the South Carolina Department of Revenue & Taxation, in the amount of $5.00. This is the titling fee.
6. In some cases, where the last owner is deceased, you may need a letter from the tax accessors office stating that the home is 5 years or older and all taxes are current.
NOTE: Retaining copies of all original documents is advised before mailing to the DOT.
-
Many manufactured home communities have pet policies. These are designed to make living in the community pleasant for all the residents. Most communities are pet friendly but have policies that limit the number, size, weight, or breed of the animals.
Some MH communities have no-pet policies. These are ideal for people who don’t have pets and are happy not to be around them.
When you are choosing a community, it’s important to learn about any policies before you make the move. Not following the rules is considered a breach of contract and could result in eviction.
Service Animals
In specific circumstances, a person may be able to keep a service animal or support animal in a no-pet community. Service animals are properly trained to assist persons with disabilities and play a vital role in establishing independence for such persons.
Some residents try to use these rules to get around no pet policies in a way that is unfair to other community members who have legitimate disabilities.
State and local governments have stepped in to protect the rights of other residents. Act44, passed by the SC legislature in 2020 states
…[T]here is an increasing number of occurrences in which people exploit the confusion related to service animals and attempt to bring an animal into a place that it would otherwise not be allowed to enter by passing off the pet, therapy animal, or emotional support animal as a service animal, either by oral misrepresentation, placement of a vest or other marking on the animal, or presentation of a “certificate”, despite knowing that it is not a service animal.
Act 44 makes it a crime to misrepresent an animal as a service animal in South Carolina.
Government has also stepped in to make the definitions of service animals clearer.
The Key Word is Disability
The US Department of Housing and Urban Development (HUD), which enforces the nation’s Fair Housing Laws, issued a notice (FHEO-2020-1) stating that
- A service animal must be one individually training to do work or perform tasks for the benefit of an individual with a
- A support animal provides assistance or therapeutic support for individual with disabilities.
Note that in both cases, the key word is disability.
Under the Fair Housing Act, a disability is a physical or mental impairment that substantially limits one or more major life activities.
The SC law, Act 44, says a
“A landlord may ask a tenant or prospective tenant the following questions to determine whether an animal that is not a service animal should be deemed a reasonable accommodation:
(a) Does the person seeking to use and live with the animal have a disability that is a physical or mental impairment that substantially limits one or more major life activities?
(b) Does the person seeking to use and live with the animal have a disability-related need for the animal?
(2) Landlords may request documentation to verify the tenant’s responses to the above questions. Such documentation shall be deemed sufficient if it establishes that an individual has a disability and that the animal in question will provide some type of disability-related assistance or emotional support.”
So the bottom line is, for a animal to be a legitimate service or support animal, it must perform specific tasks to aid a person in dealing with a disability. A disability is defined as a physical or mental impairment that substantially limits one or more major life activities. The landlord may request documentation. Misrepresentation is a crime under SC law.
This article is intended as a general introduction to the rules concerning service and support animals and does not include all the specifics of those laws. The article, of course, should not be relied upon as legal advice.
For more information:
-
As with any real estate transaction, pulling together the information you need to sell your home may be a challenge. These can include lost title issues, dealing with de-tiling and re-titling, and locating previous owners.
Attorneys who have detailed knowledge about manufactured and modular home transactions can help with these challenges as well as every day real estate legal services such as closings and title searches.
Law Office of Christopher J. Moran
Columbia | (803) 765-1455 | chris@moranlaw.bizServices for Manufactured Homeowners, Buyers and Sellers:
• Real Estate Closings
• De-Titling
• TransfersTuttle and Associates
Statewide | (864) 558-0588 | realestate@tuttlelawsc.comServices for Manufactured Homeowners, Buyers and Sellers:
• Title searches
• Correcting Title Errors
• Real Estate Closings
• Lost Title Issues
• De-Titling
• Re-Titling
• Transfers -
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