The Manufactured Housing Forums

My husband and I bought our mobile home 6 yrs ago. We recently found out the title is not in our name, nor does the bank we financed through have it. There was a previous lien against our home when we bought it that we did not know about. We paid for a title search, but we have never had a title. The lot we bought from has went out of business, so has the company through which the previous lien was through. Three people have signed off saying the title was good. We have had our county clerk and retired lawyers look at all our paperwork and they all say to get a lawyer. Has anyone ever had this problem before??

What state are you in ?

Tennessee

According to TN Code "manufactured homes are not required to be titled when affixed to real property..... allows the legal ownership interest in the manufactured home to be recorded in the register of deeds office in the county in which the real property and manufactured home is located.

The owner may de-title a mobile home by surrendering the certificate of title; or titles if more than one unit or if a new home that has not been titled the certificate of origin or manufactured statement of origin for cancellation through their local county clerk or mailed directly to the Taxpayer and Vehicle Services Division."

A certificate of origin is issued by the builder to the dealer. It sounds like in your state the dealer surrenders this to the Department of Motor Vehicles if he applies for a title. or to the local country clerk if the homes is on land you own. The dealer may have, in compliance with state law, sent the certificate of origin to the county.

"If the legal owner desires to sell the manufactured home that has become affixed to real property for which their certificate of title or titles for each unit has been cancelled, a new certificate of title may be reissued by applying with their county clerk.

The owner must provide an abstract of land showing legal ownership of manufactured home and any mortgages recorded, provide a lien release or lienholder's statement that lien is to be recorded on the face of the certificate of title."

(Source: http://www.tn.gov/revenue/vehicle/gener ... ehomes.htm)

If you can not provide a lien free abstract ask your legal talent to contact the Tennessee Housing Association. They would be best equipped to point them in the right direction.

604 4th Avenue North
Nashville, TN 37219
Phone: 615-256-4733
Toll Free: (800) 989-8642
Fax: 615-255-8869
Marla Jackson
Email: [email protected]
Executive Director

So are you saying we do not have to have a title? We were told we would have to get a court order to get one in our name. Are we paying on something that someone can take from us simply because we don't have proof its ours?

I'm not saying that you don't need a title. If you want to sell that home you will absolutely need a way to convey legal unencumbered ownership.

I found that in your state it is possible that there was never a title. There is a method for reactivating a "retired title" or getting an initial title when it is needed for ownership transfer. In Tenn to get a fresh title issued the home owner must provide an abstract of land showing legal ownership of the manufactured home and any mortgages recorded, provide a lien release or lienholder's statement that lien is to be recorded on the face of the certificate of title." Your lawyer should be able to hook you up with a title abstract.

If you can not provide a lien free abstract tell the lawyer to contact the Tennessee Manufactured Housing Association - 615-256-4733 . They will be the source with the most experience and information on the re-title process for manufactured homes in your state