Disclosure of credit score

We have a home equity loan secured by a mobile home that is the primary residence. I believe the home is in a mobile park where they own the home but not the land it is attached to. FCRA states that you must provide the Disclosure of Credit Score/Notice to Home Loan Applicant when you use 1-4 Unit Residential Real Property to secure the loan. Does a mobile home meet that definition? I didn't see residential real property defined in the regulation and Regulation Z and B use dwelling in their terminology. Is it the same thing?

Real property generally refers to land (dirt). The NHLA is not required if secured by a MH only.

As used in different regulations, "dwelling" and "real property" are not the same thing. So it is not advisable to look to a different regulation or the definition of a different term for your answer.

As Dan points out, real property usually refers to dirt and mobile homes become real property when hooked up to dirt. This is governed by state law. There is usually a majic moment when a mobile home transforms from a motor vehicle to real property. The real question here, however, is whether state law requires that the person owning the mobile home also owns the real estate to which it is hooked up. Ownership of the real property is not usually the trigger, so I would advise treating a mobile home loan as covered by the credit score disclosure.

Now I'm getting confused. If we should be giving the credit score disclosure because the MH becomes real property when set on semi-permanent foundation, would this same idea kick in RESPA too? I am thinking of mobile homes, off their wheels, on RE not owned by the MH owner, and not securing the loan.

You have to refer to state law. If the MH is on a foundation with the wheels and tongue removed then under state law it could very well now be considered real property instead of personal property. In that circumstance then your mortgage not only covers the land but the MH also and in most instances you would not be able to perfect a security interest in the MH with a security interest in the land it sits on. And all "real estate" regulations would kick in. Including the NHLA and RESPA.

When we do MH loans we require a copy of the tax assessment which will indicate whether the MH is being taxed as real or personal property and we then will perfect our security interest as needed.

As I said earlier, the NHLA is not required on a MH only secured loan, however as Lucy referenced you have to understand your state law. And if in doubt take Lucy's advice and treat MH loans as being covered. This is one instance where there is no violation for providing the notice when it is not required.

I like the tax basis approach. The two key sources for deciding whether or not you have real estate is state law (nicely handled by Dan's approach) and HUD regulations.