George v. Commercial Credit Corp.

Foskett bought a mobile home, had its wheels removed upon delivery and never moved it again, mounted it on cinder blocks connected to utilities, obtained a building permit conditioned on constructing a permanent foundation within a year, applied for homeowner's insurance, and used it as his primary residence, all while securing the purchase with a real estate mortgage later assigned to Commercial Credit (defendant). When Foskett entered bankruptcy, the bankruptcy trustee George (plaintiff) argued the mobile home remained personal property (a motor vehicle) rather than realty; the bankruptcy referee and district court both found for Commercial Credit, and George appealed.