Selling mobile home without a title

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Joined: Sat Mar 10, 2012 8:59 pm

Selling mobile home without a title

Post by ccreekmore » Sat Mar 10, 2012 9:08 pm

Four years ago, we signed a contract to purchase a mobile home. Two years ago we attempted to get insurance and found out the we couldn't because the loan paperwork wasn't correct. I must add that we are purchasing it through the mobile home park. When we tried to get the paperwork corrected, we discovered that the park doesn't have a title for the mobile home. We have been trying to the past two years to get them to get a title for the mobile home. How can they legally sell a mobile home, KNOWING that they never had a title for it?? We are still paying the lot rent but have stopped paying the loan (it is 111.32) per month. Now they are trying to evict us for not paying the loan. I have copies of all the emails that have gone back and forth from the owners of the park (they live in Arizona) and the management. We live in Colorado. What options do we have to get our money back?

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

Re: Selling mobile home without a title

Post by David Oxhandler » Mon Mar 12, 2012 3:16 pm

Arizona law requires that a mobile home be titled in exactly the same way an automobile. Look over the sales contract that you signed. It is NOT unusual for a park owner to sell a home in his park using a contract for title or a lease-option. This would permit the seller to transfer ownership only after you have made all of the payments.

If this is not the case with your sales agreement then you should have been issued a title after signing the sales agreement. In that case you may have the right to take legal action against the seller.

If you fail to make payments as agreed for the purchase or lot rent you will weaken your case. You need to continue to make all payments with a note on your checks that you are paying under protest. If you miss payments you could loose the ability to hold the seller responsible for any failure on his part under your agreement..

Keep your rent and payment receipts as well as receipts for aany expenses (like the certified mail), take photos, and if some important point or conversation cannot be documented, make sure you have witnesses. Photos, documents and witnesses are your evidence, and without them you have a weak case.

Legal action is a hassle. Settling is the least expensive, quickest way to handle any legal dispute In case you do have to go to court, it is important that you document your claim. Rather than negotiating over the phone or in person send letters, by certified mail. This will let the seller know that you are growing a file to legally challenge him. Often, that is enough to bring your opponent to a reasonable negotiated settlement.

If you do reach a verbal agreement, promptly document it in writing, sign it and have the seller sign it.

If you can not come to an agreement you can seek free legal assistance in Arizona.
Free legal aid Arizona lists the organizations that provide legal representation (in some cases) and legal advocacy.
David Oxhandler
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