Mobile Home on Private land- No title - No problem?

Question

I'm trying to get this deal together.. I've had my offer accepted (no contract yet) .. and now, panic sets in :)

There is an untitled mobile home on this 3 acre property. The mobile is titled in the name of the PARENTS of the man who I am buying the property from. The parents are deceased. No will. The man now owns all of the property (where the mobile has been situated for over 10 years). But, no one has any "legal" ownership of it, and no one has the physical title in hand.

There are 2 other children of the deceased who say that they won't sign anything because they don't own it and have no rights to it at all. (ITS OLD AND IF YOU TRIED TO MOVE IT IT WOULD PROBABLY FALL APART:) They are also the wives of doctors, and I truly doubt that they have any interest in it whatsoever. They are just being a pain in my ass.

I thought.. "No big deal" , this probably happens all the time. I feel confident that no one is coming for it, and that if anyone has rights to it, its the man I'm buying the property from. But, every attorney or pencil pusher i talk to is like "MAKE SURE YOU GET THE TITLE IN YOUR NAME !!! OOOHHH". So , now panic sets in. Seriously, do I really have anything to worry about here guys ? !

Rachel H. · Answer

If there's no title on the home itself (as personal property), there's usually a way to file for abandoned title for the home. In these types of cases, the owner will usually have to show proof they own the land.

Since there appears to be heirs involved, it's best to speak to an attorney who specializes in these types of situations. In my experience, I've found doing things the right way help to deter things should any issues come up down the road.

Hope that helps, good luck!

Marc Faulkner · Answer

It might not be that big of a deal IF you can get the heirs to all sign off on any ownership interest in the mobile home unit itself.  With that said there could be some issues that I see.  Can you get hazard insurance or title insurance without a mobile home title?  What about when you eventually go to re sell the property?  Also any type of financing, even private financing, may be hard to get with the skeleton in the closet.

Has anyone checked to see if the parents had the place financed?  If so the actual title may have been surrendered to the state as most banks will require this.  If this is the case then your worries are over, unless you ever want to sell just the mobile home by itself.

IF the title has not been surrendered, there is most likely a way to apply for and obtain a new or replacement title.  Each state works a little differently.  Have you seen any paperwork with the year, make and serial number?  With this information, you should be able to go to the DMV or whatever agency handles mobile home titles in your state, and have them explain the process to you.  An alternative to that is to seek out a manufactured home dealer in the area that is selling land/home packages and ask them what the process is.

If there is no existing paperwork with the year, make and serial number to be found, you can look for the data tag. This is the size of a standard sheet of paper (it is usually white, looks sort of like a title) and, will be located in the master bedroom closet wall, in one of the kitchen cabinets or behind the fuse box door, assuming it hasn't been torn off or painted over!  If you can't find a data tag, you might be able to find the serial number on one of the first two frame rails, underneath the home, in the front.  I hope this helps.

Again-it is not much of a big deal but, could be depending on what your future plans are or become......

Good luck!

Mark Gruetzmacher · Answer

Summer, I would check with the treasurer or who ever deals with title's.  Now here in South Dakota you can apply for abandoned title and go through that process.  You can also go get homemade title if there is no title for the mobile home.  Here that is a matter of stamping a serial number on the frame and having someone verify it.  Being that there should be a title I assume I might check with the treasurer and cross check with the address to see if they can pull up a title for it and if it is in the deceased name find out how you go about changing the name to the heirs and then to you.  In the very end I would at least get people to sign off on some paperwork if you are not able to get a title by the other means.  Can you get deed to the land?  I don't think it is a deal breaker but might take a little leg work to get the paperwork correct.

Summer Segeleon · Answer

I just called the recorders office.. She said she can find nothing recorded - No will, no probate, no executor.. Hmmm. So i guess its just a matter of how much right the children would have to it in that case.

Marc Faulkner · Answer

It might not be that big of a deal IF you can get the heirs to all sign off on any ownership interest in the mobile home unit itself.  With that said there could be some issues that I see.  Can you get hazard insurance or title insurance without a mobile home title?  What about when you eventually go to re sell the property?  Also any type of financing, even private financing, may be hard to get with the skeleton in the closet.

Has anyone checked to see if the parents had the place financed?  If so the actual title may have been surrendered to the state as most banks will require this.  If this is the case then your worries are over, unless you ever want to sell just the mobile home by itself.

IF the title has not been surrendered, there is most likely a way to apply for and obtain a new or replacement title.  Each state works a little differently.  Have you seen any paperwork with the year, make and serial number?  With this information, you should be able to go to the DMV or whatever agency handles mobile home titles in your state, and have them explain the process to you.  An alternative to that is to seek out a manufactured home dealer in the area that is selling land/home packages and ask them what the process is.

If there is no existing paperwork with the year, make and serial number to be found, you can look for the data tag. This is the size of a standard sheet of paper (it is usually white, looks sort of like a title) and, will be located in the master bedroom closet wall, in one of the kitchen cabinets or behind the fuse box door, assuming it hasn't been torn off or painted over!  If you can't find a data tag, you might be able to find the serial number on one of the first two frame rails, underneath the home, in the front.  I hope this helps.

Again-it is not much of a big deal but, could be depending on what your future plans are or become......

Good luck!

Tom Keith · Answer

@Summer Segeleon  yes I would believe you do. Anyone can change their mind and come after you. Did they not do probate?  You might get a real estate attorney to draft a document holding you harmless and having it signed by ALL Children. Without title, you won't be able to sell home. Good Luck. Tom