How and Why You Should Homestead Your Mobile Home
What Does It Mean to HOMESTEAD your Mobile/Manufactured Home?
Homesteading your property can protect it from creditors. If you get have or are being sued and a judgment is being entered against you, the person or entity that wins a lawsuit against you could force the sheriff to sell your manufactured home or mobile home to pay off any judgment. However, if you “homestead” your home or mobile home, in most cases the person or entity that wins the lawsuit cannot force a sale of your manufactured home or mobile home. “Homestead” means that you have filed a “Declaration of Homestead” form with the county recorder’s office.
NRS 115 is the chapter in the Nevada Revised Statutes that concerns the homestead law. You might want to take some time and read this statute in order to understand all the details regarding the Declaration of Homestead.
Who is eligible to HOMESTEAD?
This is simple, you must be the rightful owner or be buying the manufactured home or mobile home in order to homestead it. You must actually live in your manufactured home or mobile home and it must be your primary residence. If your home is being rented out, you cannot homestead the manufactured home or mobile home, even though you own it. Marital status does not come into play when homesteading your home and you may homestead your manufactured home or mobile home even if you are renting the land that it sits on.
Are There Restrictions on Homesteading?
Some lenders may prohibit homesteading. You should check with your bank or financial institution to determine if they restrict your right to homestead your property. A homestead will not protect your home or mobile home if the judgment is for:
- Taxes
- The mortgage or deed on the home or mobile home.
- Improvements made on the home or mobile home.
- Mechanic’s liens and other liens on the home or mobile home.
What is the Amount that can be Protected by Homesteading?
Nevada law protects the equity in your home up to $550,000 from general creditor claims (unpaid medical bills, bankruptcy, charge card debts, business/personal loans, accidents) but would not preclude a seizure or forced sale of your residence from general creditors if your equity exceeds the $550,000.
How Do I Homestead My Manufactured / Mobile Home?
The procedures for recording Declaration of Homestead are as follows:
- Down load the “Declaration of Homestead” form Here.
- Complete the Homestead Declaration form. The form must be printed legibly in black ink. Text cannot extend beyond the one-inch margins on all sides of the form.
- You will need your parcel number and legal description to complete your Homestead form. If you do not have this information (it is on your recorded deed), you may get it from our online Real Property Records.
- Sign in the presence of a Notary Public
- Take or mail the completed document along with the recording fee to Clark County Recorder. Mailing the form may slow down the process. Mailing Address: 500 S. Grand Central Pkwy. 2nd Floor Box 551510 Las Vegas, NV 89155-1510
How Much is the Recording Fee for Homesteading my Home?
The recording fee is $40.00 for the document. Acceptable forms of payment are: cash (in person only); money order; credit card (Visa, MasterCard, Discover, or American Express) or company check with contact information. Credit card orders are not accepted by phone or through the mail.
When Should I Homestead my manufacture / Mobile Home?
You can record your homestead at almost any time. You can record your homestead even if you have already lost a lawsuit. You can record it and protect your property even if the person or entity that sued you has already made plans to sell your home or mobile home. You can record the homestead and protect your property at any time prior to the manufactured home or mobile home being sold.
Do I Ever Have to Make Changes to My Homestead Filing?
A new Declaration of Homestead would be required if you relocate your mobile home, get married, divorced or become widowed.