What will exchange hands...

[shiningonme]

We are purchasing a used MH in upstate NY. This is the first MH we have ever purchased, and since we are not using an attorney, I was wondering what paperwork I should make sure I recieve at the time we exchange the money for the home. I'm not sure whether or not it makes a difference, but the house is in a park (that we are filling out the paperwork for now-and made the purchase contingent on us being accepted in). We also made the purchase contingent on the sale of our home (as we are paying cash for the MH out of the proceeds)-and also contingent on the inspection going well, as it is a 1982.

Thanks for any and all replies,
Dawn

[David Oxhandler]

Minimally you would want

1- A bill of sale

2- Lease agreement for the lot

3- A list of the parks rules regulations and restrictions

4- In NY State A Certificate of Title (MV-999) is the official proof of ownership for a manufactured home (mobile home). The title certificate is used to transfer ownership from one person to another. The title also lists any lien holders who the owner borrowed money to purchase the manufactured home.

For more info specific to your state contact

NYS Department of Motor Vehicles
Title Bureau
P.O. Box 2750-ESP
Albany, NY 12220-0750

and

New York Housing Association
518-435-9858
800-721-HOME

[rmurray]

I assume you have a buyer for your home....If you do you might want to order the home inspection and find an attorney who can close the sale and give you advice..The small fee is very small in relation to all the money you are paying..A bad mistake can cost it all...

[shiningonme]

Thanks so much for the helpful advice-I will contact both the dmv, and the NY housing association. I do have a copy of the park rules already-will make sure to secure the rest of the paperwork when we sign on the dottted line.

[shiningonme]

Hi there-yes, we have a buyer for our home. The home I am selling is in PA-and in PA there isnt normally an attorney present for real estate transactions-usually the title company handles closings. I have a very knowledgeable RE agent (I used her in 2 previous real estate transactions here in PA-and everything went like clockwork). This will be the fourth home I have sold, and really am not nervous at all about that transaction.

This is the first MH purchase for us-and I am in strange waters....I have already secured the inspector, and checked out the park the home is located in. If all is clear with the inspection, and we are accepted into the park, I am assuming that the main concern is that I am issued a clean title.
Thanks for the helpful advice,
Dawn

[shiningonme]

Rmurray-
ok-I just reread your post and realize you meant to have an attorney read the papers for the mh sale-ok-I originally assumed you meant an attorney for the sale of my existing stick built home....

OK-I spoke to the agent handling the sale for the people I am purhasing the MH from-and they are using a personal property contract (not a real estate contract)-so I am over my head in strange waters here....I will definitely secure an attorney in NY to at the very least read over these papers and make sure the contingencies that I requested are clear...Thanks so much for the heads up-sometimes I need things spelled out for me....

[rmurray]

Usually it is a very clearcut transaction..but there can be hidden obligations that have attached the home..In my state most manufactured housing loans would show as liens on the title but hidden liens can consist of unpaid local taxes, unpaid lot rent, federal tax liens,state tax liens recent judgments which can attach all sellers assets... Also mechanics liens for unpaid services on the home..There can be x wives, or estate issues in the picture...I do not mean to scare you but this is why I advise local attornies..They will know the things that can effect the title of the home and should know how to check them for problems..

[shiningonme]

Yesterday, I hired an attorney, and received the real estate contract from the agent. I forwarded the whole thing to the attorney-with a list of my concerns, as the agent that wrote up the contract neglected to include 2 of the contingencies I requested.

Thanks so much for your advice-knowing the attorney is there to protect my interests gave me the peace of mind I needed.

[AZRealtor]

If it is a personal property agreement, who prepared it? Is the sellers agent a Real Estate agent? Where did the document come from? If it came from a reputable source and is easy to read, you may not need to spend money on sometimes expensive legal advice. In Arizona, manufactured homes that are in parks are often sold through dealerships on a "listing agreement" that is a contract between seller and dealer. However, the purchase is usually accommodated through the same form that is used to sell a new home. In reality, there shouldn't be any "form" needed. A bill of sale describing the goods being transfered, a title, a lien release (if a lien shows on title), etc. should be all that is required. If the "agent" is insisting on a document that you have to sign, ask him/her to explain it line for line. If you don't feel comfortable with the answers, seek other counsel or ask if the document can be omited from the transaction.
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