did not refinance

[burden428]

What is the name of your state? SC

I was buying a mobile home with my daugther's boyfriend. The mobile home was on land that was owned by my daugther and her boyfriend. They lived together in the mobile home for 2 years, and then did a refinance for the mobile home, as well as the land. I was not aware of the transaction when it occured, and was not ask to sell or transfer any portion of my mobile home. Currenlty the property which is said by the morgtage company to be "real property", is in foreclosure. I have document for the court tax assement office, that said it's not. The morgtage company stated, the have rights to my daugter's boyfriend 1/2 and ask that my 1/2 interest of the mobile home as be sold, and sent a cause of action against me for partition, unjust enrichment and equitable subrogation, and request, that I do no receive payment from the foreclosure sale.

Now I have read in a real estate law book, in which they used a husband and a wife as a example, that when both parties own property, both have to sign and agree before any interest, be sold or transferred, or the selling of the property should not occur. If this is true, could you please cite, which section the SC law this is under. If not could you elobrate on this and give any exception.

With the cause of action against, me I have found, the unjust enrichment, not to be proper, in this case, because there are laws, set in place to prevent this from occuring: 1 not to refinance, anything, that is not previously own by the parties, that are refinancing. Would you cite the section of law this is in. and also, advise why you think, equitable subrogation, as well as unjust enrichment, could or could not exist.

What am I entitled to, when they did the refinancing, the mobile home has a clear deed and title without any liens on it including the mortgage company?

[seniorjudge]

Originally Posted by burden428

What is the name of your state? SC

I was buying a mobile home with my daugther's boyfriend. The mobile home was on land that was owned by my daugther and her boyfriend. They lived together in the mobile home for 2 years, and then did a refinance for the mobile home, as well as the land. I was not aware of the transaction when it occured, and was not ask to sell or transfer any portion of my mobile home. Currenlty the property which is said by the morgtage company to be "real property", is in foreclosure. I have document for the court tax assement office, that said it's not. The morgtage company stated, the have rights to my daugter's boyfriend 1/2 and ask that my 1/2 interest of the mobile home as be sold, and sent a cause of action against me for partition, unjust enrichment and equitable subrogation, and request, that I do no receive payment from the foreclosure sale.

Now I have read in a real estate law book, in which they used a husband and a wife as a example, that when both parties own property, both have to sign and agree before any interest, be sold or transferred, or the selling of the property should not occur. If this is true, could you please cite, which section the SC law this is under. If not could you elobrate on this and give any exception.

With the cause of action against, me I have found, the unjust enrichment, not to be proper, in this case, because there are laws, set in place to prevent this from occuring: 1 not to refinance, anything, that is not previously own by the parties, that are refinancing. Would you cite the section of law this is in. and also, advise why you think, equitable subrogation, as well as unjust enrichment, could or could not exist.

What am I entitled to, when they did the refinancing, the mobile home has a clear deed and title without any liens on it including the mortgage company?

EXACTLY how is the deed to the land titled?

EXACTLY how is the trailer titled?




Q. I am married, but the house I am selling is in my name only. Does my spouse have to come to the closing?

No, your spouse will not need to sign the deed. While spouses have potential property rights in any real property their spouse owns, South Carolina abolished dower laws in the 1980s. Absent a Court Order establishing a spouses interest in real property, the owner of record on your deed is the only signatory necessary.

[url]http://library.findlaw.com/2000/May/1/128818.html[/url]

[burden428]

the deed to the trailer, has my daugher's boyfriend name and then my name.
Example Pete and Joan
the deed to the land is in my daugther's name first and then her boyfriend's name Kate and PETE