433 Doc

[ZZGAMAZZ]

I am trying to determine whether a 433D permit was filed for a manufactured home in unincorporated Phelan installed circa 1985. None of the typical documentation exists on the outside or inside of the unit. I contacted County Planning, Assessor, Recorder, etc., the latter of whom referred me to sbcounty.gov/arc and although several links exist, the only docs I find pertain to property transfers.

My next option is a link to the state dept housing/community development though I'm skeptical about that alternative.

Please advise if a source of this information is available.

This is a non-lending assignment.

Thanks as always.

 

[CANative]

You're probably not going to find this on line. Call the clerk/recorders office and try to "sweet talk" the staff into looking in the file. They don't have to do that. Otherwise go down there and comb through the records.

If this isn't for lending then what's the big deal? Just disclose that you could find no record of the HCD 433A. Or ask the owner if they know about it.

 

[Rich Heyn]

You had a previous thread on this assignment. On what form did you decide to report it?

 

[CANative]

Z... If the home was sited in the 1980's there's a pretty good chance that a 433A didn't get recorded. Many MH's didn't get the foundation certificate because it wasn't enforced. This is especially so in rural and isolated area like Phelan.

In most case they never got around to getting a permanent foundation until they needed to refinance or sell with a mortgage in which case lenders required evidence of legal affixture which the 433A serves as. The 433A is just a document that acknowledges the local government's requirements for the suitability of the foundation system. It is "constructive notice to the world" that this home cannot be legally moved without notification to anyone with an interest.

It has nothing to do with the type of foundation. The foundation system can be as simple as a proprietary system of metal bars bolted to the frame with blocks that rest on the ground.

Permanent foundation is a legal issue, not a physical issue.

 

[ZZGAMAZZ]

I'm typing the report on a previous version of the 1004 and will change the report type if/when I am able to determine the most appropriate form to use.

 

[ZZGAMAZZ]

As a follow-up to bring closure to the 433 status: A very nice lady from the County responded to my e-mail with an e-mail that provided the permit# as well as the address that the owner can contact to obtain written documentation. CAN was correct in thinking that the permit hadn't been obtained until a couple of decades after the manufactured unit was secured on site. Thanks all.

 

[Amy Perkins]

Z... If the home was sited in the 1980's there's a pretty good chance that a 433A didn't get recorded. Many MH's didn't get the foundation certificate because it wasn't enforced. This is especially so in rural and isolated area like Phelan.

In most case they never got around to getting a permanent foundation until they needed to refinance or sell with a mortgage in which case lenders required evidence of legal affixture which the 433A serves as. The 433A is just a document that acknowledges the local government's requirements for the suitability of the foundation system. It is "constructive notice to the world" that this home cannot be legally moved without notification to anyone with an interest.

It has nothing to do with the type of foundation. The foundation system can be as simple as a proprietary system of metal bars bolted to the frame with blocks that rest on the ground.

Permanent foundation is a legal issue, not a physical issue.

I just want to say that it makes me crazy when "the county" says the law started on such a date, but was not enforced until a later date. If you ever deal with parcel validity this comes into play and it is a real pain (thank God it is not common). If you want to ask them straight up, they want a $1000 bucks as a retainer. This is just plain negligence. Why should we have to sweet talk government officials just to find out the truth. It either is or is not legal, period. If you go back to the bank and tell them this sort of thing, they will just cancel the order after a long exhaustive line of research. Sometimes it seems we have a lawless government that makes the rules up as they go along.

 

[CANative]

Manufactured homes were designed to provide affordable housing. Foundations cost a lot of money. For tax purposes it didn't make much difference you just go a tax bill allocated for land and personal property.

Also, it took the 58 various Counties in CA a while to institute their own standards for permanent foundation systems and procedures for getting on the same page as HCD (Housing and Community Development.)

It made little difference to most people until they wanted to refinance or buy an MH property on fee land and lenders needed evidence of legal affixture so people wouldn't just be able to have the house moved from the site.

It doesn't make anything complicated for me on fee assignments. I just check with the clerk recorder or the assessor or planning and building (either a phone call or online if they have records on line) for a 433 recording. If they don't I just condition the appraisal on getting one.

I'm not sure what you're referring to about "parcel validity" unless you're talking about whether or not a parcel of land was legally created. That is a complicated title question and yes it is costly. But that seems like a different issue.