1.4.12 Special Issues in Manufactured Home Repossessions
Manufactured home repossessions raise special issues. The state may treat a particular manufactured home as real property rather than personal property, in which case foreclosure law rather than repossession law will apply. See § 5.5, infra. Some states prohibit self-help repossession of a manufactured home even if state law considers it personal property. Even if self-help repossession is allowed, creditors may find it so difficult to accomplish without a breach of the peace that they will resort to a judicial remedy such as replevin. In some circumstances federal law or state law will afford a special right to cure a default before repossession, or to reinstate a contract after repossession, of a manufactured home.
- • Is the manufactured home treated as realty or personalty under state law? See § 5.5, infra.
- • Does the buyer have a right to cure or reinstate under state or federal law, and has the creditor complied fully with this right? See §§ 4.5, 9.2, infra.
- • Did the creditor breach the peace while utilizing self-help repossession? See § 6.4, infra.
- • If the creditor is using replevin to recover the manufactured home, is it complying with all the procedural and substantive requirements for replevin? See Ch. 5, infra.
- • If the creditor has sold the home, was the sale to an insider? Was the sale commercially reasonable? Was notice of the sale proper? See §§ 10.4 to 10.10, 11.3.5, infra. Commercially unreasonable sales to insiders are particularly common with manufactured homes.
- • Did the creditor safeguard the home after repossession and sell it without unreasonable delay? See §§ 10.3, 10.5, infra.
- • Would filing bankruptcy help the debtor? Bankruptcy can be particularly useful as a means of saving a manufactured home. See §§ 8.5.4, 8.6.3, 8.7, infra.