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Form 433A: A Must for Manufactured Homes
By Barbara Pronin
As California real estate professionals know, a mobile or manufactured home may function as a single-family dwelling but may not be sold as real estate—at least not as long as it may be moved from one place to another.
 
Mobile homes and manufactured homes are similar in that they both are transportable in one or more sections, are at least eight feet in width and 40 feet in length, and when erected, measure at least 320 square feet. They are both built on a permanent chassis and designed to be used as a single-family dwelling. The main distinction between a mobile home and a manufactured home is primarily determined by the construction date! If it was constructed before June 15, 1976, it is a mobile home; if constructed on or after June 15, 1976 (when HUD instituted the Federal Manufactured Home Construction and Safety Standard Act), then it is considered a manufactured home.
 
But what if that “mobile” dwelling becomes affixed to the land? Under what circumstances is it classified as real property, available to be purchased and sold like any other standard home?
 
The California Department of Housing and Community Development (HCD) requires that manufactured housing owners who affix their units to a foundation system must record a form known as 433A.
 
The form must be completed at the time a building permit is issued. Once the installation is complete, and a certificate of occupancy is issued, the HCD records the form with the County Recorder’s office, ensuring it would show up in a title search.  
 
In other words, the filing of a Form 433A confirms that the home is legally affixed to the land, establishing it as real property. It ensures that the homeowner has applied for a permit, installed an engineered retrofit, obtained an engineer’s certificate of compliance, had the installation inspected by a government building department, and recorded the 433A document.
 
Form 433A is California’s only document that provides recorded legal notice that the home and land are conjoined as real property and may be listed and sold as such. Once recorded, it provides security to the lender, the title company and the homeowner that the home and land are one entity.
 
Barbara Pronin is an award-winning writer based in Orange County, Calif. A former news editor with more than 30 years of experience in journalism and corporate communications, she has specialized in real estate topics for over a decade.
 
This material is not intended to be relied upon as a statement of the law, and is not to be construed as legal, tax or investment advice.  You are encouraged to consult your legal, tax or investment professional for specific advice.  The material is meant for general illustration and/or informational purposes only.  Although the information has been gathered from sources believed to be reliable, no representation is made as to its accuracy. 


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