Thursday, January 05, 2006

Homestead and Mobile Homes

Until recently, it appeared that the only difference between a homestead on a mobile home and on a traditional home was where it was filed. A recent bankruptcy court decision, though, states that while you can claim a section 1A (elderly or disabled) homestead on a mobile home, you cannot claim a section 1 homestead. In In Re Kelly, 334 BR 772 (2005) the court said that a debtor may not claim a homestead exemption, pursuant to MGL. Ch. 188, sec. 1, in a manufactured mobile home. "The most persuasive argument that subsection 1 does not include a manufactured home, however, is the fact that subsection 1A does provide for such a homestead." More information on homestead is available at Law About Homestead.