title issues

[dnjn0331]

I purchased a doublewide on a brick foundation in 2005. I was told that the title was never filed with the DMV here in North Carolina and the attorney that did the closing for my mortgage would take care of making it real property. They filed the correct papers as if the title had never been register with the DMV. When I went to refinance my home this year I found out that there was a title on file with the DMV in someone else's name with a lien on the title. The title was in the first owners name and has never been changed to the person I bought the title from or my name. The attorney's office that did my closing went out of business in 2005 and the company the lien is for also went out of business around that time. I have contacted the company that handles all the lien holders accounts now and am waiting on a response. Is there anything I can do to correct the title for the mobile home and have it retired correctly?

[David Oxhandler]

When the attorney closed the sale/purchase he should have issued you a title insurance policy on the real-estate. That policy should have some mention of the home permanently affixed to the land, being free and clear of liens.

Find the Title Insurance policy and contact the company that issued it. You can also contact the state Bar association. I am not familiar with the laws in your state BUT many professional are required to be bonded,. if not they carry malpractice insurance If in fact the lawyer was bonded the bonding or insurance company may still be responsible if your lawyer committed errors in his work.

You may need to hire another lawyer to untangle the paperwork mess. As a last resort he can request a judicial order correcting the records.

Best of luck... please come back and let us know how it goes.