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Old 01-13-2005, 08:11 PM
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Join Date: Jan 2005
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Lost in legal jargon


What is the name of your state? AL
Two years ago my husband and I purchased a "manufactured" home. My husband owned 2.44 acres which we put up as a down payment for the MH. The first problem we came across was that the land that my husband owned is now in the name of the owner of the MH company. The Deed of Trust stated that we sold the land to him in the amount of $1.00. I was under the impression that in actuality the MH company should have put a lien on the property in the event that if we defaulted on the mortgage they would repossess the MH and also get the land. Was I wrong in thinking that?

The second question I have is that AL law requires that if a couple are married that both names are on the deed to the home and all paperwork concerning the home...it does not have to be on the actual note. My name is no where on the papers (I signed nothing). My question: Is the mortgage null and void because we are married and my name is not on it and can we dissolve the contract and not lose our land???( we were married when we bought the MH but all the paperwork refers to my husband as an unmarried man. We did point this out at the beginning but were told it was fine the way it was.
  #2  
Old 01-14-2005, 08:20 AM
seniorjudge
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A deed of trust is similar to a mortgage. The lender has a lien on the land.

If you want the land conveyed to both you and your husband, you need to go see a real estate attorney.
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