No Title

[Nick]

I purchased a used mobile home. After paying on this property for three years, was told that there was no title.I have the puchase agreement and all the cancelled checks. I payed over $5200.00 + over $2000.00 for remodeling. I need to get a title because I would like to keep this place. If I can't get a title I need to get my money back. Is it illegal to sell a mobile home without a title? Is this a criminal case? What should I do from here? Thank You! Nick

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Nick:
I purchased a used mobile home. After paying on this property for three years, was told that there was no title.I have the puchase agreement and all the cancelled checks. I payed over $5200.00 + over $2000.00 for remodeling. I need to get a title because I would like to keep this place. If I can't get a title I need to get my money back. Is it illegal to sell a mobile home without a title? Is this a criminal case? What should I do from here? Thank You! Nick<HR></BLOCKQUOTE>


My response:

So, what has the person who sold you the mobile home told you? "Where's the title?" would be my question. If there's no reasonable explanation, attempt a "title search" through your Department of Motor Vehicles (in California, mobile homes are licensed like vehicles, for various reasons)to see how the home is listed. Then, your previous owner might be able to get a "duplicate" title, sign it as lienholder, give it to you, and have it registered in yours and his name, until paid in full. Then, after payoff, the title can be registered only in your name, and have his name taken off altogether.

IAAL


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[Nick]

The person I purchased this mobile home said he never had the title and the lady he purchased it from has died. I asked him to try and get a lost title or a declaritory judgement but he refuses. All he said was I really don't care and people do this all the time. I talked to DMV, they said he sould have never sold the property to me. All I know is this person I bought the mobile home from is responsible to transfer ownership once it's paid for. What should I do? Thank you for your opinion. Nick

 

[paisley]

Nick:

I am no attorney but can say that I have a similar situation as yours. I obtained property about 6 years ago that had a manufactured home (this is what my attorney insists that I call it) already on it.

The title to the home is listed with the DMV only the past history of this place is very complicated. It was owned by a married couple who divorced and never signed over the title to the other. Because of some circumstance, the property had transferred from both to one then to the other all the while, never changing the title to the home. Now, I have had the place 6 years and one of the two refuses to sign the title to me.

I called our DMV and inquired as to how to go about this. I was told that if I could get one of the people to write a letter (notarized) stating that the home was not theirs and should be "junked" or it was considered real property and thus belonged to me, then it could be done without the signature of the other owner.

After consulting an attorney, I found that in NC a manufactured home has to meet certain criteria to lose its status as a "mobile home" and be considered to be titled. One of these is intent. It was the intention that the home remain there as it has been there for more than 40 years. The second criteria is that it cannot be mobile. The tongue is gone off my home, it is on blocks, and it has no wheels underneath. This by all rights makes it real property, not personal property.

If I were you, I would consult a real estate attorney and see where you stand. Most can talk with you for a set fee. I got my consultation for $75 and it was money well spent. If you provide proof of payment, repairs, county taxes on the property (not sure if this has to be personal or real), and can show a payoff receipt, then it doesn't matter how much the previous owner moans and groans. A judge will award you the home and then you can either make it real property or file for a new title.

Judges can do this because when we purchased the home we live in, stickbuilt, the seller tried to pull out of the sale at the last minute. I was 9 months pregnant and really all to pieces. We were told because we had a binding contract, either the seller would sign his name to the closing forms or a judge would do it for him. I felt much much better. On a side note: we did get in the house before the baby decided to show up although it was a close call.

I wish you the best.
Paisley
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