George v. Commercial Credit Corp.

440 F.2d 551 (1971)

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Nature of the Case

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Facts

Foskett owned five acres of land. He purchased a Marshfield Mobile Home and signed an installment contract and paid $880 on the purchase price of $8,800. Added were a sales tax and interest covering a ten-year period. In December 1968, Foskett executed a real estate mortgage to Highway Mobile Home Sales, Inc. The mortgage recites the sum of $14,227.70 and described the real estate in metes and bounds. The mortgage was assigned to D. The mobile home was 68 feet in length, 14 feet in width and 12 feet in height. It contained six rooms and weighed 15,000 pounds. It could not move under its own power. It was delivered to Foskett's real estate property and was never again operated on or over the highways as a motor vehicle. The home was set on cement cinder blocks three courses high. It was connected with a well. It was hooked up to a septic tank. It also was connected to electric power lines. Foskett asked the seller to remove the wheels from his home. He also applied for a building permit and was told he had to construct a permanent foundation for the home. The permit was granted upon condition that the foundation be constructed within one year. However, within that period, the petition for bankruptcy was filed. D argues that the mobile home was a fixture under applicable law and is not personalty. P insists that the mobile home was and still is a 'motor vehicle' and is personalty. The court ruled for D and P appealed.