Mobile Home title involved in a foreclosure

[PeachyinGA]

What is the name of your state? Georgia (come on you guys knew this was going to be a question from the South)

I sold a mobile home and piece of land to a fellow back in 2001. This mobile home has alwasy been "seperate" from the real estate, i.e., treated like a vehicle (i.e., I had a title from the Highway Department and registered it each year with them and it is taxed seperately from the real estate).

I had a very good reason for keeping it this way -- the fellow I sold the land and mobile home to couldn't come up with a down payment so I told him that I would hold the title on the mobile home (not sign it over) until he paid me the downpayment in full.

The attorney that closed this deal for me -- by the way, I paid the closing fees -- told me that to give the guy a receipt that he paid the downpayment in full under a "seperate contract". On the closing statement (HUD statement) the attorney noted the downpayment amount as "paid under contract". This attorney also noted on the real estate deed that I signed over that the mobile home was included. The attorney told me not to worry about this language because it was included to "satisfy" the purchasers lender. I would still be covered because you can't deed "personal property" which is what this mobile home is.

Well, you guessed it -- the guy never paid me the downpayment and now the mortgage he had is in foreclosure.

The foreclosure papers are stating that the lender is "including the mobile home" in its proceedings as per the deed. My contention is that my attorney advised me to do this (sign the deed) and that personal property can't be "deeded". Since I didn't get my downpayment to begin with, I at least want the mobile home back, that I never signed over because I was holding it in lieu of a downpayment.

Another twist to this is that somewhere along the way, somebody applied to the highway department for a replacement title for this mobile home and it was transferred directly from the person I received the title from -- to the fellow I sold the property to. I was skipped in the title transfer process!!! This seems fishy to me because I have a court order (I was awarded the mobile home in a divorce settlement) giving me title to the mobile home. How can the title be transferred directly from my ex-husband to the buyer without me applying for a new title in my name and then transferring it? This same attorney that handled the close also handled my divorce.

Another side note -- the mobile home was never included on the title policy that was originally issued after the close -- apparently the title company recognized it as personal property.

Do I have a fraud case?

[pojo2]

My contention is that my attorney advised me to do this (sign the deed) and that personal property can't be "deeded".

Does that prevent it being used as collateral?

You will not like the answers you get such as you need another Atty to read the ENTIRE contracts you have to determine a case of fraud or anything else. Far to many paper trails needed for anyone here to give you much advice beyond that.

Heck, I would want the land over a trailer that is probably worth about 20% of its new value now. Suspect there is a lot more to that issue.

[PeachyinGA]

Okay, well I did have another attorney go over the documents and he says we have a case to "cloud the title". Apparently, you can "deed" something but if you don't sign the title over to it, then you never conveyed it.

This mobile home had a title issued by the Department of Motor Vehicles and it was never "attached" to the real estate -- Although I have obtained copies of letters to the fellow that bought it from the closing attorney to please, please, please attach this mobile home to the real estate so they could "complete" the close and get the title policy issued to include the mobile home.

Apparently they finally got a title to the mobile home by skipping me in the title transfer process. It is the same as me "deeding" you the title to my car but then not signing the DMV title and you obtaining a duplicate title and signing it over to yourself. Isn't that called FRAUD?

[Whatamimissing]

I am not a lawyer.
Here's what I learned in my real estate class:
Deed - Written instument which transfers ownership interest in real property.
All deeds must be written and signed by the grantor to convey title.
Real property:Land and everything attached permanently to the land.
Personal property: any property that can be moved, or rights in real property that are held for less than a lifetime (i.e. a lease).
One way personal property(PP) can become real property(RP) is if it becomes a fixture. There are three "tests" to see if an item is a fixture. 1.) Attachment - PP becomes permanently attached to RP. 2.)Adaptation - Usually something made specifically for the RP. Problems can arise with either of these (example: drapes in a house being sold, mobile home on land), so the third test is the "agreement" between the two parties. Your intention was very clear until the attorneys started getting cute with the language in the deed.
Other ways to differenciate PP from RP are through taxes and insurance, i.e. you've been paying the tax on the trailer and had an insurance policy.

[PeachyinGA]

That is pretty much what the attorney I have consulted has said (PP vs. RP):
1) The mobile home still has a DMV title and is licensed every year just like a car.
2) The mobile home was and is still taxed seperately from the land
3) The mobile home was never written into the title policy issued -- it only covers the land.
4) There are 3 letters from the closing attorney (my attorney that I paid) telling the guy who bought it to get it consolidated with the land on the tax bills so the title policy could be amended to include it and the bank who financed the deal would calm down and not call the loan --- this is all after the close was done.

I received the land and the mobile home in a divorce settlement (who this same attorney that closed this real estate deal handled). This attorney never transferred the title to the mobile home to me (from my ex). In order to get the bank to calm down (see #4 above) he just went ahead and transferred the DMV title straight from my ex-husband to the guy who bought the land and mobile home, thereby just skipping me in the process.

I have a court order (divorce decree) awarding me the mobile home, so he did this in the face of a divorce decree. He also had knowledge that I was not signing the title over until the down payment had been paid. And I never did sign the title over, he went around me to get the bank calmed down and there are letters from his office to prove it.

I believe I still own a mobile home.
It is a 1998 double-wide that was purchased for $68,000, new. The current book on it is $32,000 -- that pretty much covers my downpayment that I am still owed.

[PeachyinGA]

This is getting better and better, the closing attorney claims that he went ahead an transferred the title (skipping me) because he had a Bill of Sale that I had signed.
I just obtained a copy of it and my signature is forged! I mean not even close to mine! I never recalled signing anything like this and I didn't. I mean this signature looks like they went to the pre-school and got some little tyke to sign the thing!
The attorney I have retained says I now have a criminal case and our next stop is the solicitor's office

[Whatamimissing]

Someone needs get they ass whoopd.

I know it doesn't help you much, but your case is a great review for property ownership. Good luck, keep posted.

[PeachyinGA]

New wrinkle in all this. The bank that is foreclosing on the guy (who bought the land/mobile home from me) has now come up with a "deal" for me. Haven't gotten into see my attorney yet (tomorrow morning). But in essence this is what they are offering....

The foreclosure or on the land has already been issued by the Master-In-Equity judge. He left the case open because we have the dispute about the mobile home title. The Master went ahead and took the testimony from the bank officer re: the mortgage and the order specifically goes ahead and forecloses the mortgage, leaving the issue of the mobile home ownership open (waiting for the response from my attorney).

The bank has now come back to me and offered to:
1) "Assign their mortgage to me" ---- What does that mean exactly?
2) "The foreclosure would be mine to "complete"? So in other words, I finish out the foreclosure as the lienholder (thus owner of the trailer and that issue goes away). -- The other side (fellow who bought the thing) has defaulted thru the whole foreclosure process, if that makes a difference.

This way, what? The bank (and the closing attorney) "get out of the do-do"? because the downpayment was never fully paid and the mobile home title was messed up?

So I "assume" the mortgage, finish out the foreclosure and then the place is mine (but I still owe the bank the mortgage?

Is this a good deal for me?