Doublewide With Lot-Deed To The Lot, NO Title To The Doublewide
I am considering purchasing a doublewide mobile home that is in foreclosure.T" target=_blank>www.foreclosure.The bank has a deed to the lot but has done a title search on the doublewide and that came back as never being www.titled.Can this mobilehome be titled and how can I make sure that there are no liens against the home? THANKS!
[addsig]
I know it sounds like a cop out. But yes I have to say it. Check with your local attorney. Get his view on it. There are so many ways to go I hesitate to advise. When you get through with the attorney then double check by calling the title company, ask your title officer to let you talk to the title Co. Attorney. compare. If they agree go. If not well, start playing shuttlecock between the two attornies until you get them to both confirm on a path of action.
Should not be too hard. We do all speak the same language and other then a few isolated states who were crazed by the french our laws are more or less the same.
Cheers Lucius
Now do not copy this method. But out here in LaLa land the deed on foreclosure will deliver the land. Then I go forward and file a mechanics lien on the double wide and bill for storage. Just follow the procedure on lien foreclosure and you got it.
Cheers Lucius
Thanks for the www.reply.Can you tell me exactly what a mechanics lien is and how that would help me? I had the same thought that you suggested about since there was a deed to the land that if someone came at us for the doublewide, we would tell them there was a charge for the time that the doublewide was on our property .Is that what you are talking about too?
Don't know the particulars of SC, but frequently they are similiar to NC.
If this DW has a permanent foundation, it sounds like that the DW and land were supposed to be deeded together as real property (like a house) but was somehow screwed up. Have your attorney to a title search, specifically looking for a title cancellation on the DMV title to the DW. If it isn't found, then you'll (or rather your attorney) will have to cancel the DMV title when you close. This shouldn't be a big problem for any attorney experienced in real estate.
Roger
Thanks for your response.A title search was done and they concluded that the doublewide was never www.titled.The DMV is telling me that if it was never titled then I have to find the person who had the DW before it went back to the bank and get five years worth of tax records before I can get it www.titled.I found the guys name but of course his phone has been disconnected.
This title thing is a little confusing so lets try to break it down and clear it up if we can.
The DW would have been titled by the DMV when it was originally sold off the lot, just like a car. When a DW is put on a permanent foundation, it can be deeded with the land and become "real property" (just like a stick built house).
If the DW was incorrectly deeded (which happens more times than not) it is usually not the difficult for a knowledgable attorney to fix.
If this lender had a loan on this DW, then whether it was titled or deeded, they would have to have a record of it in order to foreclose, and more importantly at this point, in order to sell.
If this lender doesn't have a title to this DW and it is NOT included with the deed to the land, then the lender has no right to sell the DW and is only selling the land. So if you buy it you're only buying the land and not the DW.
I'm just spitting out some thoughts here, but if you can clarify, I'll try to be better help.
Roger
I've had this happen a good bit here in South Carolina. Call the tax accessor and ask what the property is being taxed at. If it's 4% then the mobilehome is being considered as a "permenant structure" and title is not important.
If it's taxed at 6% and you are going to leave the MH on the land, you can ask for it to be changed to 4%.
Tell me more about the foreclosure ad or description.
Thanks so much for your www.responses.I am VERY new at this and your help is appreciated. I agree with the first response that they are just selling the land and not the dw that is sitting on it because they have no title to it.We had originally offered the full price that they were asking because this DW was that nice and there were several other offers also but ours was the only cash offer.We then found out that there was no title and after the bank's attorneys determined that there never was a title for the dw, we withdrew our full price offer because they wanted us to sign something saying that even though the dw wasn't titled, we would still pay cash for it and full price.We said NO to that.We then re offered the ptrice of just the land which they have a deed to and we are waiting to see if they accept that or not. In the meantime, we are trying to figure out this title deal because there are about ten of these DW's in the same location with the same title problem so we are figuring that if we can figure it out, we could buy them all up at just the land price, title them and then turn around and seel them at full price. Again, all title help on mobile homes is appreciated!
Hello All,
I am just back from checking out the home and land that I have been talking www.about.There is no serial number to be found on this home either on the outside of the home Or inside the electrical www.box.I have been told that if it istruly a doublewide then it would have to have a serial www.number.Inside the house are builders permit numbers and when I called the tax assesor's office I was told by them that this place is taxed as a modular home.When you look underneath the house, it truly looks like a doublewide because it has the steel underneath rather than looking like a stick built house. My question is, if this truly a modular home, then I understand that it isn't titled SO, how do I check out the home to make aure there are no liens on the home?
littlebic, if there are no id# plates on either end, under the kitchen sink, or at the electric al box, (occasionaly in a closet) it is either illegal to sell as a manufactured home, or it is an on-frame modular. Go to the tax assessor's office and look up the last tax bill to see if it includes the home, or just the land. You know the previous owner's name... check for liens against him and see if the home builder has filed a lien. Ask your attorney about abandoned property rights. Claim squatter's rights )just kidding). The bank cant sell land that reflects the home value, so get a good deal on the land and see if you can claim the house as abandoned chattel
The tax assesors office has taxed both the home and the land but separately it appears because it shows the value of the house and the value of the land and then fair market value.How do you find out if they are trying to illegally sell the home? I tried offering just a little more than the land was worth but was turned down by the www.bank.I talked to the guy that turne the house plans into the tax assesors office and he said he didn't have anything owed to him. I am confused!
From a Title stand you do not ever see a mobile home name or number on Title . with any property in the U.S. you have a ppn# , Lot # , address or combination of these items { it does not read known as a stick home or known as a modular home. There has not been all the info needed to get you into the correct department yet.
If the foreclosure was posted as vacant land then they do not have ownership of the modular. As it has been my experience that the loan was probably made to buy the modular and it was never placed on the land and inspected to code for that county , I would bet that the bank feels they are foreclosing on the property in its entirty.
the one major fact to review is the Les pendes. did the foreclosing att. make notification of the foreclosure to any one that appears to be a bank or lending institution . if so and they did not respond the trailer is yours. If there is not then get owners title insurance on the purchase and protect your investment.
Brad
I do not have much ranking do to just recently joining but I do title and have closed some 5000 foreclosures.
The bank has the foreclosure and according to the realtor, the bank's attorney's have done a title search and there was none www.found.I have not had a attorney do a title search yet because they have not accepted my offer yet so I don't want to put out the money for a title search myself until my offer is www.accepted.If my offer is accepted then my plan is to have a title search done to make sure there are noliens on the house www.itslef.I have been told that if no liens come back, then everything should be good even without a title because the tax assesor deems this house as a modular therefore not requiring a www.title.Is this correct? We are quite confident that this is a doublewide but the attorney says that if it is being taxed as a modular then that is what they are counting it as and it needs no title.
You are correct that if the county has it modular that is what it is considered. remember there is a fine line between mobile and modular depending on what that county requires to make it REAL PROPERTY...
Hope I helped
Brad
Yes you helped, thanks! Yes the tax assesors office say that house plans were turned in and building permits were issued.We on the other hand don't undertsnd that because it clearly looks like a www.doublewide.I guess as long as everything turns out free and clear, we don't have to understand it!
Thanks!
I know this is 1 1/2 months late, but I had a similar thing happen to me last May. We bought a DW at a Post-Foreclosure auction from Freddie Mac(Home Steps), then when we were selling it were asked if the title had been surrendered. We assumed it had been since it was being taxed as real property. So we called the NCDMV and found it had never been titled! The way they talked this happens a lot in North Carolina(to avoid taxes). I was told by a paralegal to file an "Intent to Affix to Real Property" at the register of deeds. Since I was doing another trade with her, she was nice enough to give me this form for free! I made several copies for future use also. I'll definitely be more careful about this next time!
I wouldn't be surprised if SC next door has something similar.
D. Sullivan