We bought a mobile home in a senior park last December. It has been nine months but we still did not received the title of the home.

Rb
Home Buyer
Yucca Valley, CA

We were told that the owner of this mobile home passes away six months prior to the sale. It has been nine months since we paid the home in full. If this property is in probate how long is a probate period? The daughter sold this to us. Is their a fraud envolve in this matter?

Answers (2)
Don Tepper
Agent
Fairfax, VA

Check with a lawyer. I'm not a lawyer, so this isn't legal advice. Further, while I'm currently involved in a mobile home transaction, that's not my real area of expertise. And finally, regulations vary by state.

In Virginia (where I am), a mobile home is title like a car, through the department of motor vehicles. When one buys a mobile or manufactured home, you receive a title, just like a car title. If you pay it in full, you simply take the old title down to the DMV and receive a clean one in your name. Otherwise, you receive a new one, with the person or company financing it showing as the lienholder.

So, yes, you should have received title when you purchased. And if a property (or any item) is in probate, then it can't be disposed of until the estate is settled. (Again, I'm not a lawyer; you need to check with a lawyer.)

It's possible the daughter acted in good faith and plans to give you title when the estate is probated...if, in fact, the mobile home is tied up in probate. Still, you need to act on this--sooner rather than later.

Wed Sep 9 2009, 13:29
Josh Ahmann
Broker
Helena, MT
FIRST ANSWER

Did you "close" on the mobile home at a title company? If so, the title company would have searched the chain of title to make sure that you could get the property free of encumbrances or liens. Did you pay cash or did you finance? If you financed your lender would have required title insurance and a clear title. If you paid cash you wouldn't be required to necessarily go through the same "checks and balances" that are required by a lender.

Wed Sep 9 2009, 13:20

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