Bought Mobile Home without clear title-

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ethep3333
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Joined: Mon Jul 13, 2015 8:07 pm

Bought Mobile Home without clear title-

Post by ethep3333 » Wed Jul 29, 2015 8:57 am

Hi-I bought a house in Georgia, built in 1980, in 2013. The property had been foreclosed . I bought it for cash and have a recorded Warranty Deed for the property which has the language “ together with all improvements situated thereon” and the “Parcel” description attached as "Exhibit A” “together with all improvements located thereon".

I now want to sell the house, but was told by the realtor that I need the title to the home in order for potential buyers to satisfy the requirements of a mortgage. The house sits on a permanent foundation, has a chassis, but no wheels. The house has never been treated as a “mobile” home by the tax commissioner’s office, to my knowledge it has always been taxed as “real” property. Because the house has a chassis, prior to purchasing, I tried to find a title in the Lumpkin County tag office; they claimed they had no record of one in either previous owner’s name.

Yesterday, I went back to the tax office with a serial number I’d gotten off a "Compliance Certificate” near the home’s power panel and, low and behold, they found the title for my property still in the name of the original owner who was also foreclosed upon in 2006. The only good news is there are no liens on the title.

I want to get the title in my name, retire it and file a "Certificate of Permanent Location". The Tax Commissioner says I need to have both original owners (husband and wife, I believe they are both alive, but am not sure) sign an "Application for a Duplicate Title" , get the duplicate title and then have them transfer that title into my name before I can file for a "Certificate of Permanent Location".

Here are my questions:

1. I am concerned that when the original owners discover that the DMV title is still in their name, they may attempt to claim they still “own" the house. (The house has been foreclosed twice, once in 2006 and again in 2013). Is this a valid concern? Do they have any standing to make such a claim after losing the home 10 years ago to foreclosure? I’ve read the Statute of Limitations in Ga. is 4 years for personal property, but does this apply to real estate? The house by itself is only worth @ 20-30K at best, so as a practical matter, I can’t see them bringing a lawsuit-can't see where it would be worth it

2. If the best way to resolve is to involve the former owners--how should I appraoch them?

3. Since the house was built in 1980, is it even likely a borrower would be able to get a conventional loan on this mobile home?

Thanks in advance for any advice!!!!

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