title woes on a repo

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ksandman
Posts: 5
Joined: Thu Oct 25, 2007 3:57 pm

title woes on a repo

Post by ksandman » Thu Oct 25, 2007 4:10 pm

I had a MH reposessed two years ago. The problem I am having is that the mortgage company didn't do anything with the title, the purchaser/resale company didn't do anything with the title and the new owner has done nothing.
I now have two separate counties coming after me for back taxes on a MH that I don't even own.
Are there any laws that protect people in these situations?
The worst thing is that they treat this thing like a car and expect the purchaser to obtain a new title. As far as I can figure anyway. But land taxes aren't attached to cars and you can't have tax men coming after you if you decide not to re register a car.
One of the counties has placed a tax lien on the property. Luckily for me it isn't my property, but there is some poor sap out there who now has a tax lien on something he bought that he isn't aware of.
I am not getting any help from the mortgage company.
What can I do?

David Oxhandler
Posts: 1459
Joined: Tue Oct 02, 2007 8:37 am

Re: title woes on a repo

Post by David Oxhandler » Thu Oct 25, 2007 6:18 pm

Lenders have to get a court order to make a repossession. You can go to the local courts and get the record of the lenders repossession of your home, as documentation that it no longer belongs to you and that you are no longer responsible for paying any taxes associated with its ownership, This should bounce the ball back to the lender quickly, as the tax collector will be looking for someone to pay those fees.
David Oxhandler
[email protected]

rmurray
Posts: 1086
Joined: Thu May 25, 2006 6:49 pm

Re: title woes on a repo

Post by rmurray » Thu Oct 25, 2007 9:24 pm

Actual tax liens are usually years after the tax was due...If these counties are after you for taxes for time prior to the repo, YOU owe them...

ksandman
Posts: 5
Joined: Thu Oct 25, 2007 3:57 pm

Re: title woes on a repo

Post by ksandman » Thu Oct 25, 2007 11:23 pm

repo was in 2004. They are after me for 2005 and 2006 taxes in two counties that I never lived in. I spoke to the county assessors and they gave me information on the addresses that were used for the home that was apparently still titled in my name.

ksandman
Posts: 5
Joined: Thu Oct 25, 2007 3:57 pm

Re: title woes on a repo

Post by ksandman » Thu Oct 25, 2007 11:23 pm

thank you for that info. I will do that and try to see what I can get done.

rmurray
Posts: 1086
Joined: Thu May 25, 2006 6:49 pm

Re: title woes on a repo

Post by rmurray » Fri Oct 26, 2007 5:42 pm

How did they know where to send you the bill....Maybe you might go by the last address and see who is living in it.....Most likely the bank sold the home at auction to a dealer who has sold (or rented it) without transferring the title...The local tax collector should take more interest because the only reason to do this would be to avoid sales tax...Every state requires the title to transfer with in a short period of time..Most are very insistent to be able to collect taxes..both sales and advelom..I suspect your title office would help resolve the problem....

I has something similar happen once in Florida...The first I knew about the problem was 2 years later when I found my GA driver license had been suspended because Fl said my Florida license was revoked because I failed to show up in court for the criminal trial for the charges that I never knew had been filed...Thankfully the other person was a notorious tax evader in the county I had the charges in...State attorney canceled all charges against me...It could have been worse for me..

GirlFriday
Posts: 3
Joined: Sat Oct 27, 2007 1:34 pm

Re: title woes on a repo

Post by GirlFriday » Sat Oct 27, 2007 3:59 pm

It depends on what state this in in as it is different state by state to some extent. Did you buy a land and home package? Did the lender hold the loan on the land and mobile? If so, this will make it easier for you to straighten out. I've worked straightening out and clearing up mobile home issues, wrong lienholder on title, wrong owner on title etc. for lenders for the last 6 years, mainly Florida but have contacts throughout the United States. Let me know state and whether mh was purchased separately or with land and I may be able to get you pointed in the right direction. Dept. of Motor Vehicle and county tax assessor's in many states don't have their info linked as one is state and the other is county. This alone is often a great cause for headaches :)

ksandman
Posts: 5
Joined: Thu Oct 25, 2007 3:57 pm

Re: title woes on a repo

Post by ksandman » Mon Oct 29, 2007 3:27 pm

The state is Texas. I purchased the mh separately from the land. I paid the land off to build a house and had let the mh go to a friend for rental.
When that didn't work out (the old don't do business with friends cliche') I had to let it go back to the bank because I couldn't afford making two mortgage payments.

I do know it was auctioned off in the county in which it was sitting when it was repo'd. Brazoria County.
I had to dig to find out who bought it and I have contacted them but they don't seem to be very interested in talking to me.

Basically the title is still in my name with my old address. That's how I keep getting the bill for the taxes.

You would think someone would be interested in the county or state government that title was never changed.
I believe there is something written in the manufactured housing act that they can't move it without a free and clear title and they can't get it inspected in the new county without having a clear title.
They would just rather harass me and when I tell them what's happened it's my job to clear it up.
Because title transfers are up to the buyer like a car.

ksandman
Posts: 5
Joined: Thu Oct 25, 2007 3:57 pm

Re: title woes on a repo

Post by ksandman » Mon Oct 29, 2007 3:30 pm

Interesting thing that statement. They obviously had to get the mh serial number somehow and then traced ownership to me.

Obviously it is still in my name (the title). It is still listed under my old address so when they decide to send out the bill for taxes they send it to me.

They should have had to inspect it when it was put in place and I would have thought title issues would have come up at that time since whoever moved it's name would be different then what's on the title.

GirlFriday
Posts: 3
Joined: Sat Oct 27, 2007 1:34 pm

Re: title woes on a repo

Post by GirlFriday » Mon Oct 29, 2007 7:17 pm

Well, like I always say. If things were done correctly I wouldn't have a job :) It's unconsionable the way this stuff is handled. I've discovered things that make me never want to own a mobile home I just bought a Park Model :)

Mr. Oxhandler, gave you the best advice. You can also pull your credit report and ask for substantiation the mobile was repo'd and voila, you have the info you need. Being in the field I'm in, I also always suggest, document, document, document. Document any phone call you make, put down time, place, name, "ID" or operator number of person, whatever you can get, be persistant. Send certified letters to the lender to whom you surrendered the mobile and the tax assessor or whomever is requesting the delinquent taxes detailing as much info as you can.

Good luck and if you have any more questions,just ask.

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