George v. Commercial Credit Corp.

440 F.2d 551 (1971)

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George v. Commercial Credit Corp.

United States Court of Appeals for the Seventh Circuit
440 F.2d 551 (1971)

Facts

Dale Wallace Foskett bought a mobile home from Highway Mobile Home Sales, Inc. (HMHS) to install on his land. Foskett signed a ten-year installment contract and gave HMHS a real estate mortgage. The mortgage laid out the metes and bounds of the property. The mobile home served as Foskett’s primary residence. Foskett had wheels removed and never moved the mobile home again after delivery. Foskett did not seek a certificate of title from Wisconsin’s Motor Vehicle Department. The mobile home was mounted on cinder blocks and hooked up to water, sewer, and electrical connections. Foskett was granted a building permit on condition that he build a permanent foundation for the home within a year. Foskett also applied for homeowner’s insurance. HMHS assigned the mortgage to Commercial Credit Corp. (Commercial) (defendant). Foskett entered bankruptcy proceedings, and the trustee, Thomas George (plaintiff) ordered Foskett and his wife to vacate the mobile home. George claimed that the mobile home was a “motor vehicle” and therefore personalty. Commercial’s position was that the mobile home became a fixture and part of the real estate. The bankruptcy referee found for Commercial, and the district court affirmed. George appealed to the United States Court of Appeals for the Seventh Circuit.

Rule of Law

Issue

Holding and Reasoning (Duffy, J.)

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