Help!!

[jwaller76]

I am buying property by land contract and the 3 mobile homes on it are 1970 Budd Factory Home, 1971 Hil House Trailer and 1977 OKW Factory Home. When I found the data plate one is a Fisher Corp Challenger, one's manufactured by price-meyers corp and the other is a Skyline Corp Buddy-Hillcrest. My problem is that the names on the data plates are not matching what is in my land contract. Can anyone give me information about these trailers? I don't have the titles yet. Thank you.

[David Oxhandler]

Do not complete the purchase till you have copies of the title inspected by your title company or lawyer. You want to be sure that the seller is ready and able to sign them over to you.

Once you see the title you will have the serial number foir each home. Your best confirmation is to match the serial numbers on the title with those stamped on the home.


The complete serial number, as pictured below. (This number may be either vertical or horizontal.) is stamped into the front steel cross-member of the home chassis by the manufacturer. The home's skirting or some siding may need to be removed to allow access to this serial number. On older homes, like yours that were built prior to the HUD code you may need to look on the main "I" beam of the frame ... often on the front door side of the frame near the hitch end of the home.

Hope this helps.

[jwaller76]

I spoke with the lady that I have the contract with and told her that the numbers do not match up and she showed me the titles and they are not in her name but they have been signed over to her and that was 6 years ago. I thought that you couldn't sell it unless the title was in your name. Am I mistaken? She explained that she would have her lawyer do up another contract but I feel that I should not have to sign another contract, because she should have done her homework 3 years ago the first time.

[rmurray]

You are right to be concerned..The best case scenario is that someone will HAVE to pay 6 years back taxes (maybe more if original owner was in arrears). More serious problems could be the original owner owing the IRS back taxes with a lien on these properties. It could well be a big problem if the original owner has died and estates are involved. Back taxes alone will probably be in the thousands..It could easily be the original owner will have to resign some documents. If you have not paid all the money yet, make the seller get the titles into her name then proceed. If you have given her the money get professional legal help ASAP..You are right she will have to produce the title or the money (if she still has it) quickly..It is threads in this forum like this that will help others to know spending a few hundred for help at the beginning of a deal is the prudent thing to do..Good Luck..

[David Oxhandler]

What your seller has are often referred to as an "open title". A title that was signed by a prior owner/seller but the buyers never followed through with a re-title in their name. It is not unusual for new owners to put off registration because of the fees and possible sales tax that just about every state collects on a change of ownership.

The title might have been signed by the previous owner or the one that sold the home prior to that. A few of the problems you can run into:

1 - In most states "open titles" are illegal as they violate state DMV title rules and could be considered state sales tax fraud.

2 - In many state a notary has to witness the sellers signature. If the notary's has dated his signature many years back the state office that handles transfers may refuse the paper work.

3 - Most states charge an annual registration fee for mobile homes. If your seller never registered the homes in his/her name who have the annual registration notices been going to. It is possible that there are years of unpaid fees that will have to pay to update the home(s) registered to your name.

The "open titles" along with sales contracts with different serial numbers would give me cause for great concern.

I would condition the sale on:

1 - the seller locating and letting you verify the serial number stamped on the frame (as shown in the post above) matches the numbers on the titles.

2 - The seller registering the titles in his/her name, bringing the state records and fees up to date... So the seller can sign the title over to you legally.

Be aware that the sellers lawyer works for the seller and is not obligated to you in any way shape or form. When they have all the paperwork fixed and you are satisfied spend a few extra bucks and find an attorney to review the paperwork prior to signing.

[David Oxhandler]

It appears that Mr Murray and I were writing replies at the same time and ended on the same page. It is the one titled Buyer Beware.

[jwaller76]

Thank you so much for all the help. This is all new to me. I never bought a mobile home before.

[Jean]

We just recently paid off our home, now nobody knows where the title is does anyone know how i go about finding out where the title may be? Thanks Jean

[David Oxhandler]

When there is a loan or mortgage on a manufactured home the title is almost always held by the lender... just like in the case of a car loan. The lender has to send notice to the DMV or which ever agency issues MH titles in your state that they are removing the lien.

Contact the lender you just paid off and ask how long it will take for you to get the title back with the lien satisfied. You can ask them to send you a copy of the title and a letter of lien satisfaction if you need to sell the home or just like the piece of mind of having some documentation on hand.

[Celtlund]

David, how does that work with the title if you have a land/home deal and the title is retired? Doesn't that mean a title is no longer necessary? Wouldn't the MH home and property then sell like a stick built? Also, if a person wanted to sell the MH but retain the property, how would that work?