Manufactured home titles

AN ACT Relating to removing vehicle titles from manufactured 1
homes; amending RCW 65.20.020, 65.20.030, 65.20.050, 65.20.060, and 2
65.20.070; and providing an effective date. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 65.20.020 and 2010 c 161 s 1154 are each amended to 5
read as follows: 6
Unless the context clearly requires otherwise, the definitions in 7
this section apply throughout this chapter. 8
(1) "Affixed" means that the manufactured home is installed in 9
accordance with the installation standards in state law.10
(2) "Department" means the department of licensing.11
(3) "Eliminating the title" means to cancel an existing 12
certificate of title issued by this state or a foreign jurisdiction 13
or to waive the certificate of title required in chapter 46.12 RCW 14
and recording the appropriate documents in the county real property 15
records pursuant to this chapter. 16
(4) "Homeowner" means the owner of a manufactured home.17
(5) "Land" means real property excluding the manufactured home.18
(6) "Manufactured home" or "mobile home" means a structure, 19
designed and constructed to be transportable in one or more sections 20
and is built on a permanent chassis and designed to be used as a 21
H-0164.2
HOUSE BILL 1191
State of Washington 69th Legislature 2025 Regular Session
By Representatives Connors, Peterson, Ryu, Gregerson, Barkis, Ormsby,
and Hill
Prefiled 01/08/25. Read first time 01/13/25. Referred to Committee
on Housing.
p. 1 HB 1191
dwelling with or without a permanent foundation when connected to the 1
required utilities that include plumbing, heating, and electrical 2
systems contained therein. The structure must comply with the 3
national mobile home construction and safety standards act of 1974 as 4
adopted by chapter 43.22 RCW if applicable. "Manufactured home" does 5
not include a modular home. A structure which met the definition of a 6
"manufactured home" at the time of manufacture is still considered to 7
meet this definition notwithstanding that it is no longer 8
transportable. 9
(7) "Owner" means, when referring to a manufactured home that is 10
titled, the person who is the registered owner. When referring to a 11
((mobile)) manufactured home that is untitled pursuant to this 12
chapter, the owner is the person who owns the land. When referring to 13
land, the person may have fee simple title, have a leasehold estate 14
of ((thirty-five)) 35 years or more, have an individual interest in a 15
mobile home park as defined in RCW 59.22.020, or be purchasing the 16
((property)) land on a real estate contract. Owners include joint 17
tenants, tenants in common, holders of legal life estates, and 18
holders of remainder interests. 19
(8) "Person" means any individual, trustee, partnership, 20
corporation, or other legal entity. "Person" may refer to more than 21
one individual or entity. 22
(9) "Secured party" means the legal owner when referring to a 23
titled mobile home, or the lender securing a loan through a mortgage, 24
deed of trust, or real estate contract when referring to land or land 25
containing an untitled manufactured home pursuant to this chapter.26
(10) "Security interest" means an interest in ((property)) land 27
or a manufactured home to secure payment of a loan made by a secured 28
party to a borrower. 29
(11) "Title" or "titled" means a certificate of title issued 30
pursuant to chapter 46.12 RCW. 31
Sec. 2. RCW 65.20.030 and 2000 c 250 s 9A-836 are each amended 32
to read as follows: 33
(1) When a manufactured home is sold or transferred on or after 34
March 1, 1990, and when all ownership in the manufactured home is 35
transferred through the sale or other transfer of the manufactured 36
home to new owners, the manufactured home shall be real property when 37
the new owners eliminate the title pursuant to this chapter. The 38
manufactured home shall not be real property in any form, including 39
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fixture law, unless the title is eliminated under this chapter. Where 1
any person who owned a used manufactured home on March 1, 1990, 2
continues to own the manufactured home on or after March 1, 1990, the 3
interests and rights of owners, secured parties, lienholders, and 4
others in the manufactured home shall be based on the law prior to 5
March 1, 1990, except where the owner voluntarily eliminates the 6
title to the manufactured home by complying with this chapter. If the 7
title to the manufactured home is eliminated under this chapter, the 8
manufactured home shall be ((treated the same as a site-built 9
structure and ownership shall be based on ownership of the )) 10
considered real property ((through real property law )). If the title 11
to the manufactured home has not been eliminated under this chapter, 12
ownership shall be based on chapter 46.12 RCW. 13
(2) For purposes of perfecting and realizing upon security 14
interests, manufactured homes shall always be treated as follows: 15
(((1))) (a) If the title has not been eliminated under this chapter, 16
security interests in the manufactured home shall be perfected only 17
under chapter 62A.9A RCW in the case of a manufactured home held as 18
inventory by a manufacturer or dealer or chapter 46.12 RCW in all 19
other cases, and the lien shall be treated as securing personal 20
property for purposes of realizing upon the security interest; or 21
(((2))) (b) if the title has been eliminated under this chapter, a 22
separate security interest in the manufactured home shall not exist, 23
and the manufactured home shall only be secured as part of the real 24
property through a mortgage, deed of trust, lease, or real estate 25
contract. 26
Sec. 3. RCW 65.20.050 and 1989 c 343 s 5 are each amended to 27
read as follows: 28
(1) The department shall approve the application for elimination 29
of the title when all requirements listed in RCW 65.20.040 have been 30
satisfied and the registered and legal owners of the manufactured 31
home have consented to the elimination of the title. After approval, 32
the department shall have the approved application recorded in the 33
county or counties in which the land is located and on which the 34
manufactured home is affixed. 35
(2) The county auditor shall record the approved application, and 36
any other form prescribed by the department, in the county real 37
property records. The manufactured home shall then be treated as real 38
property ((as if it were a site-built structure )). Removal of the 39
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manufactured home from the land is prohibited unless the procedures 1
set forth in RCW 65.20.070 are complied with. 2
(3) The department shall cancel the title after verification that 3
the county auditor has recorded the appropriate documents, and the 4
department shall maintain a record of each manufactured home title 5
eliminated under this chapter by vehicle identification number. The 6
title is deemed eliminated on the date the appropriate documents are 7
recorded by the county auditor. 8
Sec. 4. RCW 65.20.060 and 1989 c 343 s 6 are each amended to 9
read as follows: 10
It is the responsibility of the owner, secured parties, and 11
others to take action as necessary to protect their respective 12
interests in conjunction with the elimination of the title or 13
reissuance of a previously eliminated title. 14
A manufactured home whose title has been eliminated shall be 15
conveyed by deed , lease, or real estate contract and shall only be 16
transferred together with the interest in the ((property)) land to 17
which it is affixed, unless procedures described in RCW 65.20.070 are 18
completed. 19
Nothing in this chapter shall be construed to require a 20
((lender)) secured party to consent to the elimination of the title 21
of a manufactured home, or to retitling a manufactured home under RCW 22
65.20.070. The obligation of the ((lender)) secured party to consent 23
is governed solely by the agreement between the ((lender)) secured 24
party and the owner of the manufactured home. Absent any express 25
written contractual obligation, a ((lender)) secured party may 26
withhold consent in the ((lender's)) secured party's sole discretion. 27
In addition, the homeowner shall comply with all reasonable 28
requirements imposed by a ((lender)) secured party for obtaining 29
consent, and a ((lender)) secured party may charge a reasonable fee 30
for processing a request for consent. 31
Sec. 5. RCW 65.20.070 and 1989 c 343 s 7 are each amended to 32
read as follows: 33
Before physical removal of an untitled manufactured home from the 34
land the home is affixed to, the owner shall follow one of these two 35
procedures: 36
(1) Where a title is to be issued or the home has been destroyed:37
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(a) The owner shall apply to the department for a title pursuant 1
to chapter 46.12 RCW. In addition the owner shall provide:2
(i) An affidavit in the form prescribed by the department, signed 3
by the owners of the land and all secured parties and other 4
lienholders in the land consenting to the removal of the home;5
(ii) Payment of recording fees; 6
(iii) A certification from a title insurance company listing the 7
owners and lienholders in the land and dated within ((ten)) 10 days 8
of the date of application for a new title under this subsection; and9
(iv) Any other information the department may require;10
(b) The owner shall apply for and obtain permits necessary to 11
move a manufactured home including but not limited to the permit 12
required by RCW 46.44.170, and comply with other regulations 13
regarding moving a manufactured home; and 14
(c) The department shall approve the application for title when 15
the requirements of chapter 46.12 RCW and this subsection have been 16
satisfied. Upon approval the department shall have the approved 17
application and the affidavit recorded in the county or counties in 18
which the land from which the home is being removed is located and 19
the department shall issue a title. The title is deemed effective on 20
the date the appropriate documents are recorded with the county 21
auditor. 22
(2) Where the manufactured home is to be moved to a new location 23
but again will be affixed to land owned by the homeowner a new title 24
need not be issued, but the following procedures must be complied 25
with: 26
(a) The owner shall apply to the department for a transfer in 27
location of the manufactured home and if a new owner, a transfer in 28
ownership by filing an application pursuant to RCW 65.20.040. In 29
addition the owner shall include: 30
(i) An affidavit in the form prescribed by the department signed 31
by all of the owners ((of the real property from which the 32
manufactured home is being moved indicating their consent )). The 33
affidavit shall include the consent of all secured parties and other 34
lienholders in the land from which the manufactured home is being 35
moved; 36
(ii) A legal description and property tax parcel number of the 37
real property from which the home is being removed and a legal 38
description and property tax parcel number of the land on which the 39
home is being moved to; and 40
p. 5 HB 1191
(iii) A certification from a title insurance company listing the 1
owners and lienholders in the land and dated within ((ten)) 10 days 2
of the application for transfer in location under this subsection;3
(b) The owner shall apply for and obtain permits necessary to 4
move a manufactured home including but not limited to RCW 46.44.170, 5
and comply with other regulations regarding moving a manufactured 6
home; and 7
(c) After approval, including verification that the owners, 8
secured parties, and other lienholders have consented to the move, 9
the department shall have the approved application recorded in the 10
county or counties in which the land from which the home is being 11
removed and the land to which the home is being moved is located.12
NEW SECTION. Sec. 6. This act takes effect October 15, 2025.13
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