obtaining title on a foreclosure

[Thomas]

I'm trying to buy a 2000 model DW on a permanment foundation from HUD. The previous owners had a FHA mortgage and were foreclosed on. HUD does not have the title vested in their names. I have tried searching with the proper County clerks (DMV) and they have no record of him registering a title or a bill of sales to this home in the county in which it resides. Can you offer any advice on how to find the original or submit for a new title? Thank You

[rmurray]

There is no title issued in the case of a real estate mortgage...Every state has different process for this...but the home becomes part of the deed..and does not have a separate title..

Some states had a process to issue..and retire the title..at the same time..(all states have this process now...but many did not at the time this home was first financed...The original closing agent might have the documents...or if you are lucky..the original dealer might have them as well..Often homes were closed with NO title issued and the dealers might still have the original Manufacturers Certificate of Origin...The documents that proceed the title..Unfortunately many dealers have gone out of business and these records can be who knows where..

Most states have a procedure to issue titles for abandoned or never issued titles..You would have to talk to you local title office for information about this..

[Kim]

We bought a one acre piece of proberty. We opened and closed escrow on it and paid if off in a year. Then we bought a manufactured home and opened an escrow account for it with a counstrution loan included. Then we got a thirty year loan to pay off the house and constrution loan and opened and closed escrow on that. The thirty year loan has been paid off for six months. Then we get a letter from the second title company informing us that the account is still open. The agreement that we had with the dealer that sold us the home stated that the HCD fees were included. Now the dealer is demanding the $230.00 transfer fee before releasing the title so that the escrow account can be closed. It has been two and half years since this escrow account was opened. Is it that important to obtain this document or can we refuse payment and forget about it?

[rmurray]

Yes...If you ever want to sell the home..the next lender or title company might very well ask for the title...I would pay the fees....then after I got the title..and I was sure I was right and he did me wrong...I would sue him in small claims court for the fees...If nothing else..even if you lose..you will ruin his day...Good Luck

[Thomas]

Thank you for your response rmurray.
I think you are right and in Kentucky to turn a double wide into real property you file what is called an affiadavet of conversion. Trouble is, is that you would probably need a title if not the original title to have that affidavet done. From what I can find and what info HUD, the title compnay they have work and close for them seem to think and the attorney who did the commissioners deed the affidavet has not been done on this place. I hope and pray to GOD that it has and then there are no titles to worry about and I can buy my first home.
If not a got a few more problems. The attorney I talked to talked like I had to find the original and did not mention any of legal ways. Which I can see why, if title was ever issued it would need to be transferred to HUD(seller) and then to me(buyer). If it was never issued then you say I need to find Manufacturers Certificate of Origin, right? You could also be right on that dealer going out of business too. The type or should I say brand name of the home is unfamiler to me and maybe this area. It's labled as Southridge Homes; A Division of Patriot Homes INC.
Like I said I'm in Kentucky and the closet known dealer according to the Patriot website is in Indiana or Tenneessee and the tag says it was built in Alabama.

My local clerks office (title office) is mostly filled with young girls that do not even own a home yet and have very little understanding or knowledge in these things.

[rmurray]

Here is a link that can help you...

http://www.patriothomes.com/buildingcen ... .aspx?bc=5

[email protected] is the general managers e-mail address of the plant you need to talk to..

We are located on:
1871 Bexar Avenue East
Hamilton, Alabama 35570

Phone: (205) 921-3144
Toll Free: (800) 860-3144
Fax: (205) 921-0720

Call them with the serial number and they can tell you the original dealers name and number...It is possible for them to reproduce the MSO...Good Luck

[Thomas]

rmurray
I had found their website but hadn't followed up with them because I was told that this would not work. Being as the original owner's should have had the title, that it was never recorded with the County clerk (other areas it's title office or DMV), and that only the orignals owners could file for any duplicates. The advice from a lawyer was to find the title.
My wife did contact the Alabama Southridge office today and she is supposed to be mailing us I guess the MSO like you suggested. Not sure where that will get us.
In your first part you talked about a process of issueing a and retiring a title. Are you tlaking aboutan affidavit of conversion? If so we have checked that out and have found no supporting evidence. I was told today that only started about 2 years ago. Which puts it well after the 2000 install date.
It all really seems to boil down someone not doing their job properly (the former mortgage company) and messy paperwork. I heard it's common for owners not to get thier title's recorded but it's partly due to the fault of the mortgage company. Thanks you've been a great help. If this works out with help from your info I owe you a lot more.

[rmurray]

Actually you are in luck...If they send you a duplicate mso...you will be able to get a title with no problem..

This is why I suggested you get in touch with the original dealer...the plant can give you particulars on who that was..

Before yours and many other states started proper title retire systems...the mortgage companies..including the FHA...did not allow a separate title on a home..It was to be part of the real estate and NO title was issued...the dealers..or original closing attorneys who paid off the dealers loans will have the original mso...The local dealer i used to work for had hundreds of files with them in...Often we would get calls for folks like you and the dealer would make them available to the title companies...This should work in your case as well..