I recently bought a property at a tax sale, .50 acres with a manufactured home. It turns out the manufactured home is actually personal property and was erroneously listed together with the land on which the home is located. Has anyone ever encountered this, thanks in advance.
Did you buy tax sale property in Texas or another state?
I have heard of this happening in Arkansas (where I practice). Here in Arkansas, manufactured homes can be either personal property or part of the real estate, depending on a number of factors. It can be tricky.
I bought it in Texas. Texas has a specific statute(Tax code 32.014) it states that if a home is not elected as real property then the tax lien does not attach to the land. I'm not sure what I bought, I figured I would ask on here first.
You will need to obtain a copy of the suit that was filed in the county's district clerk's office. If the home is named on it, then you may have unintentionally bought both. The home would have to be identified by it's label and/or serial number. There is also a prevision under Occupations code 1201.217 where if the home was abandoned you may take procession of the home. Check with the Texas Department of Housing and Community Affairs to verify if you are eligible to claim possession of the home or if you need to wait out another four months before you file claim. If the home is occupied, you may have bought their land, and they may be willing to pay rent to you or try and redeem the property for a 25% profit.
Don't worry if you need to wait the four months, once you have filed for abandonment, the liens against the home are extinguished under the Occupations Code. If the home was sold separately, contact the new owner and inform them that they need to pay rent of $XXX.XX or move the home. If they fail to pay or move the home, begin the countdown to the abandonment process; the whole process takes 6 months, and is about as long as the redemption period most likely.
@Sadie Martinez Definitely check with the county to see exactly what you bought. Then go from there. Good luck!
Sometimes they sell both together. Sometimes only the lot. Sometimes only the real property? Usually they will tell you at the auction what is for sale. It is also listed on the bid sheets. If all else fails, go in person to talk to whoever handles the sale...either the appraisal district or the tax assessor. Even better info might be from the law firm that handled the sale.
If there is still a mobile home there, but it was not included with the sale, then you probably need to get a lawyer to help you determine what to do with it.
It probably pays more to know what you are buying. It will keep you out of trouble. Now for example if you try to move the home or rent it, you could have all sorts of issues if the owner wants to come back for it and you don't own it...or if they sell it to someone. Probably won't happen, but it could. If it is taxed as separate property, then do you want to pay the taxes on something you don't own and is not in your name? If you don't at some point it will also likely go to the tax sale or foreclosure sale.