Rent-To-Own Deed Transfer Questions

In Aug 2000 I signed a rent-to-own lease for a mobile home in PA. In December 2001, the lease ended early under our landlord's offer. He offered to end the lease early by 1 1/2 yr if we agreed to pay his back taxes on the home. We agreed and he transferred the title to the home into our name early.

It comes to our attention after the transfer, while notifying the the mobile home park of the transfer, that our landlord was behind in lot rent approximately $2500. Now, our original lease (written lease), that ended early under another (verbal) agreement, states that at the time and transfer of the title to the home the lot rent will be at a zero balance.

Also, while renting the home our rent was to be $355.00, $200..o to be applied to the purchase of the home and $155.00 to be applied to the monthly lot rent. During our lease we paid our $355.00 a month as usual, so technically we did pay all lot rent during that time. The excess amount left over must be from before we moved into the home. The park is holding us responsible for his past sue balance.

Do I have a legal course of action to take? I have contacted the landlord after the transfer, but he refuses to contact me back. The only method of communication I have with him is written letters, but he hasnt responded. I do have proof (certified mail) of the last letter sent.

[HomeGuru]

Originally posted by kmda0520
In Aug 2000 I signed a rent-to-own lease for a mobile home in PA. In December 2001, the lease ended early under our landlord's offer. He offered to end the lease early by 1 1/2 yr if we agreed to pay his back taxes on the home. We agreed and he transferred the title to the home into our name early.

It comes to our attention after the transfer, while notifying the the mobile home park of the transfer, that our landlord was behind in lot rent approximately $2500. Now, our original lease (written lease), that ended early under another (verbal) agreement, states that at the time and transfer of the title to the home the lot rent will be at a zero balance.

Also, while renting the home our rent was to be $355.00, $200..o to be applied to the purchase of the home and $155.00 to be applied to the monthly lot rent. During our lease we paid our $355.00 a month as usual, so technically we did pay all lot rent during that time. The excess amount left over must be from before we moved into the home. The park is holding us responsible for his past sue balance.

Do I have a legal course of action to take? I have contacted the landlord after the transfer, but he refuses to contact me back. The only method of communication I have with him is written letters, but he hasnt responded. I do have proof (certified mail) of the last letter sent.

**A: you need to hire an attorney because you got yourself in this mess.
Had you completed your proper due diligence, you would not have had these problems.

i,d call the police-what it looks like he did was get 1 1/2 years behind in his lot payment and then let you off for the same amount of time.also why did the park do nothing about it before you purchased it-are they brothers or what?

[HomeGuru]

Originally posted by curtisd
i,d call the police-what it looks like he did was get 1 1/2 years behind in his lot payment and then let you off for the same amount of time.also why did the park do nothing about it before you purchased it-are they brothers or what?

**A: this is not a police matter but a civil matter.

i know you're right but that doesn't make it right -you and i both know the landlord robbed him with a piece of paper instead of a gun and it sure is suspicious that the park owners let him slide for a year and a half on his lot fees and then hold the new buyer responsible-all they have to do is threaten to evict them-pretty convienient huh?.unfortunately not to many rent to buy mobile home owners can afford an attorney
kmdo=take the landlord to small claims court to get your 2500 back because the park has you by the short hairs-they don't have to rent the lot to you

If I need to hire an attorney, I will. But if I can take it to small claims and win, I'd rather do that. I just really needed to know if I do have a case because the lease termination agreement was not in writing. If I don't have a case I don't want to waste my money for nothing and still get stuck with the $2500, when I could just use it to pay for some of the $2500.

Is it illegal for a mobile home park to transfer the amount like that? My understanding is that it is legal and unless I have a written letter from the previous owner saying he is responsible for that past amount, I'm responsible for it.

is the written release the one that states"at the time and transfer of the title to the home,the lot rent will be at a zero balance"?if so,how would the verbal agreement nullify those terms?or release the landlord from being responsible?as for the park-ask to see the documentation that allows them to hold you responsible for the debt.and if you haven't already get a copy of the lot rental agreement and see if it stipulates the new owner of the mobile pays for back-rent

[HomeGuru]

[quote]Originally posted by curtisd
[b]i know you're right but that doesn't make it right -you and i both know the landlord robbed him with a piece of paper instead of a gun and it sure is suspicious that the park owners let him slide for a year and a half on his lot fees and then hold the new buyer responsible-all they have to do is threaten to evict them-pretty convienient huh?.unfortunately not to many rent to buy mobile home owners can afford an attorney


**A: then please refrain from giving misleading advice.

well the best advice i could give would be "listen to homeguru" so i'll try not to-and feel free to correct me when i do.

[HomeGuru]

Originally posted by kmda0520
If I need to hire an attorney, I will. But if I can take it to small claims and win, I'd rather do that. I just really needed to know if I do have a case because the lease termination agreement was not in writing. If I don't have a case I don't want to waste my money for nothing and still get stuck with the $2500, when I could just use it to pay for some of the $2500.

Is it illegal for a mobile home park to transfer the amount like that? My understanding is that it is legal and unless I have a written letter from the previous owner saying he is responsible for that past amount, I'm responsible for it.

**A: here is how you got yourself in this mess. You decided to do your own deal without professional assistance. You had no Realtor or real estate attorney guide you. If you followed the proper procedure, you would have discovered the true facts and taken a position accordingly. Due diligence before closing would mean getting: a title report to see if there are any liens and encumbrances on the property, getting a lien check on the Seller, verifying the status of the underlying mortgage(s), property taxes, lot rent etc. by written inquiry to the real property tax office, mobile park owner/manager, getting a home inspection, reviewing the park legal documents etc. So if you had completed these things, you would not be in this problem. You would have discovered the lot rent was in arrears and had the rent paid current at closing. You most likely did not use escrow or a third party closing agent further messing things up.

You do have a case, depending on the terms and provisions in your contract.
Research the PA seller disclosure law and use non-disclosure of a material fact, misrepresentation etc. as your causes of action.
Talk to a few lawyers in your area. The first consultation is usually free. Even if you choose to represent yourself (again), at least you will have a better handle this time around.

Originally posted by curtisd
well the best advice i could give would be "listen to homeguru" so i'll try not to-and feel free to correct me when i do.

need i say more!