Minny needs help!!!!

[Lightning]

I've never heard of a mobile home 8+ years old that's worth $80,000.

Edit:
I can't imagine buying something worth $80,000 and not receiving proof of the purchase and subsequent ownership. I've been reading Minny's posts for several months, but I still can't figure out how someone can buy something and not own it.

[Genenco]

Look around the group. There's a beauty where the car title was never fully transferred to the refi company and so...Who really owns it?

Hard to believe? It happens, be thankful you're not on the wrong end of the stick.

[Lightning]

When I purchased a car, I paid for it and received a title. I admit I'm totally naive here. I'm honestly curious as to how you can buy someone and not receive title and ownership of it. It seems like something didn't get signed that should have.

I understand that Minny's in a pickle. I just really can't figure out how something like that could happen.

[robivi3]

People buy $100,000.00 Hummers and get screwed on the titles. I'm in South Florida. People get screwed over by the big used car guys and the little ones here and some of the names of the screwers are attached to real famous ex-football players. Title problems on MH's aren't that uncommon. I don't live in an MH but I can tell you that in Davie Florida $80,000.00 won't touch the home with even a postage stamp lot. The Bank holds the Title on the Home until paid. She has proof of purchase, she has no title, the legal issue involves the Title. She has her land deed. If the Title is in the lienholders possession you can't get it until they send it to you. The Bank did not do its work.

Add to this she is in believe me, I know the area a little, a small town. The Banker is friends with the Title company who tak the Clayton Homes fellow golfing once a week. Her Attorney would have taken the Clayton Homes guy golfing but he was over at the Bankers for Bar-bq. These people either dropped the ball or scammed her.

[sunshine08]

We are veering off subject again. But Lightening, my "mobile home" as you call it is worth over $120,000 and is 6 years old this month. We have done alot of work to it and the house, we purchased it new. I live in the south, but you can go up north and a decent size single wide on a small lot is work well over $75-80,000.
It is same with any real estate depending on the area. Here a lot less than acre on the water is worth around $80 -100,000. Go two miles inland and get a lot between $8 - 10,000.
as far as my title, the bank has it I hope until I pay it off in, oh about 312 more months, unless I refinance, pay ahead, sell it, die.....
2nd point - The same place that I purchased my modular from filed bankruptcy, leaving a couple dozen folks in a bind. There were people that paid "cash", no title, liens put on peoples homes because contractors weren't paid (how unfair is that), "warranty" items not fixed or covered (that is the group we fell in), salespeople not paid, contrators unpaid, numerous outstanding bills for splliers unpaid, etc. What are their choices - depends on how much money they have, mobile home dealers in nc have to post a bond, but the bond amount was not way enought to even start covering the expenses. But I did learn one thing, home contractors don't have to file a bond or are they responsible if the work is not satisfactorily done - you settle it in court. Mobile home dealers are inspected etc. and have to meet certain criteria.
ps Lightening, I know you are not "knocking" trailers or people that live in them.

[Lightning]

When a mobile home (treated like a car title)

Minny said it was a mobile home.

[StaciMM]

The whole thing boggles my brain too... You own it, but you don't. The bank has a lien, but then again, not really...

[sunshine08]

Please tell me what you think a mobile home is? What do you think a trailer is?

In NC, DMV does the titles for trailers(mobile homes). But Minny has already gone that route. Hopefully with a lawyer for a friend, retired or not, he can nudge her attorney in the right direction and maybe he will get off his rear and do something "right".

[Minnymouth]

Thanks Folks for the input - the kind words about my problem and the questions also....
Yes, I live in a huge doublewide mobile home (extremely nice infact and very comfortable 4-bedroom 2 bath).... located on a very nice lot in a housing subdivision.

Houses in this area where I live (a simple 2-bedrom) starts at $90,000.... So a mobile home was an option that I COULD AFFORD on my salary. Fortunately I paid a LOT LESS for my home than most would have because of purchasing it from a former boss/friend and developer. He made no profit off my home (bless his heart)...

So Lightening, yes a mobile home can be quite expensive even to some of us on lower incomes. Especially if your single and a woman.

Fortunately, this I could afford.

As to the question about the title issue......
There is a title to the mobile home. It was all signed at the closing of the sale (8 years ago).

Unfortunately, after the closing EVERYTHING WENT AMUCK!!!

When the Title Company recorded the deed to the land and all the paper work the next day (Christmas Eve) after our closing, they got in a "hurry" and failed to record the title also (mh titles are treated like auto titles in KY). Thus the deed to the land is in my name at the courthouse, BUT the title to the mobile home is STILL in the sellers name at the courthouse....

THUS MY PROBLEM.....no legal title to mh in my name!!!
Yet Trustee says he can sell it at auction......

I refused to pay for the land when we found out about the title. So Bank is "madder than fire" (they had "no lien" recorded against the home so all they had was a lien on was the land)..... I was not going to pay $63,5000 for a little piece of land worth no more than $15,000... (and then still have to pay the trustee to buy my home back). So bank got the land back. And the trustee took the mobile home for resell.

Everybody "dropped the ball" when it came to the closing!!! All these people are supposed to be licensed "professionals"). So much for their expertise, huh!!

The bank who financed the mobile home did not "catch" the bad title, the title company who handled the closing did not notice it (and failed to record it), and the mortgage company who bought the loan did not check their lien on the title when they got their final paperwork. ALL PROFESSIONALS IN THEIR FIELDS!!! Yeah, sure!!!!

My investment in my mobile home over 8 years.... approx $80,000.... all I purchased was empty trailer (no appliances) and a undeveloped lot.....

In the 8 years I have made tremendous improvements and investments to my property.

1. Complete landscaping - driveways, shrubs, trees, paved patios, arbors, fences, outside waterfalls, yard lights, etc.
2. All new appliances including water heaters.
3. 2-car garage (40 ft) with craft shop in front.
4. 8 years of double payments on the principal. *****
5. $20,000 downpayment on home at closing.
6. Double decks (roofed/screened) on the front and back
Not counting the improvements inside the home...... (blinds, closet sets, drapes etc.)

Now my "investment" is all down the tubes. My attorney's attitude was "find you a little apartment" to live in...... So much for his "professional" help....

My attorney filed my BK as a simple Chapter 7 - no assets.
The day before the 341 I was called and told bring your papers on your mobile home, the Trustee is taking it!!!!
My lawyer had failed to even "check" the liens on anything when he filed my petition. He knew it was a doublewide!!! With 25 years experience in bankruptcy I'm sure he's handled many cases with mobile homes involved that had titles!!!!!

Soooooo, so much for my attorneys "expertise" in handling Chapter 7-no asset cases.

Nowwww, no other attorney will touch the case since it is pending.....

Status right now -
Bank refuses to sell me the land back...... Unless I do a Chapter 13 at full market value again. (would be like buying it all over again and paying for my improvements also).... complete loss of investment!

I can redeem my mobile home from the trustee, but would have to move it!! (no good without the land and its embedded in an 8" slab of concrete.) Would be totally destroyed trying to move it and expense would be tremendous.

So bank and trustee petitioned the court to sell mh and lot together at auction to make more off of it for the creditors. The court granted the petitition.

Options now:

So now I can buy it back at "auction" - (loose my investment completely) and pay for it all over again thus paying for all my improvements too.

Or I can forget it ALL - and take a total loss of at least $80,000 and find another place to call home.

A "clerical error" by PROFESSIONALS created this problem, yet I'm the ONE whose supposed to take the financial loss....

Since the title was never recorded in my name it is still "legally" in the sellers name. It is "not my asset" for the Trustee to take and sell, yet the court said he could.

Another attorney will not take over the case (since it is pending), so I'm stuck with the one I have..... So I had to "enlighten him" with my circle of friends (retired lawyers). Since they are involved now, my lawyer is showing a whole new attitude!!!!! Heads are "together" trying to find a way to solve the problem...

Yes, IT IS A BIG MESS......
Will I loose it all, probably, if the courts/trustee have their say....
Is it right, NO, I have done nothing wrong here!!!

All I did was file a simple Chapter 7-no asset case and was told from day 1 that I would reaffirm on my home and keep it.

SURPRISE!! THAT DIDN'T HAPPEN............. the Trustee took it because of the title issue!!

SO NOW - it's 16 months into my BK - nothing is settled! And now my home/land is going to auction. If I cannot afford to buy it back - I've lost EVERYTHING.... because of a "clerical error" of PROFESSIONALS.

SO ANYONE READING THIS:::::

PLEASE ---- CHECK YOU TITLES, AND ALL LIENS AGAINST THEM - BEFORE YOU SEE YOUR LAWYER TO FILE BANKRUPTCY.

DO IT FOR YOURSELF!!!!!


THANKS FOLKS FOR YOUR INPUT, SUGGESTIONS, A GOOD WISHES.

MINNYMOUTH (not very quiet these days - very loud)!!

[sunshine08]

This is completely going to another interstate so to speak, but I purchased my home less than a month before I got married, was actually in the process for about 5 months prior, great interest rate, less than 7%. After I got married wanted to build a garage/shop, got the building permit, put everything under my maiden name to keep the confusion at a minimum. Get tax statements in maiden name, for the modular and land. A couple days later, we get another tax notice for double wide on leased land in my husband's name. The utilities, etc are all in my name. HIs name is on nothing at this point but his driver's license and on the voter registration list, So where did the tax office get its WRONG INFO from? I am not as familiar with land records but I know that they are mapped out, da huh don't take no rocket scientist to figure out that the address is for the exact same partial of land. FIrst they argued that this was not the same partial of land. then they sent 5 adjusters out there at the same time. They finally deleted the tax bill on my husband and raised mine due to all the improvements.
Great example of our government at work.

[AAAArt]

Minnie, I like many have followed your story and felt for you. I have thought many times about posting this, but never have because I don't have all of the details.
One of my so-called "best friends" dropped me like a hot potato after I lost my job and had to go on medical disability. His daughter had a similar situation, but I'm so very sorry, but my vanity keeps me from calling and also because I know that he wouldn't tell me anything now anyway.
His daughter filed for divorce and found out that the title had never been filed by the Title Co. This led to finding out that others were in the same boat, so they either filed individual suits or a class action suit against the Title Co. I know that it was on-going for at least a year to a year and a half, but don't know the results. I do know that the thinking of her attorney at the time was that she was going to get a large amount. (She may even have had one of those "contingcy type" attorneys. I don't know what they are actually called, but it's the kind where they get about 30% of the final settlement rather than charge any fees.
Anyway, I said all of that, to suggest that you file a suit against the Title Co. and then let them get involved with the BK if they want to. You made "good faith" improvements on the basis of what they "were supposed to do". If it's not a title co, because it's a mobile home, then sue the bank or whoever was supposed to have done the legal work. I think that one of your "legal friends" could put together a very scary letter suggesting that if something is not done immediately that you will sue for actual and punitive damages and their "gross negligence" which caused a "senior citizen" (we're within 2 or 3 years of being the same age, so please don't take offense, I'm simply dramatizing) and a single woman to be in danger of living on the streets would not only be handled in court, but also to the BBB, the local nespapers and anyway else they could shout it from the rooftops.
I understand your determined individualism and your abhorrance to tell anyone about the BK, but personally with what little I know, it seems to me that you are using up all of your energy fighting the wrong people (i.e., your stupid-*ss lawyer and the lame-brain Trustee). Go after the people who created the problem and let them do battle with those nitwits or come up with proper compensation.
Or perhaps, you have thought of this, done it, or found some reason why it can't be done, but I just am trying to help. Sorry to be so long winded. Art

[Genenco]

Minny, I certainly agree with Art here.

Further, I'd ponder that some of us here, could "Donate" $$ for you to hire a lawyer to sue everyone involved.

I really think you should...

[Genenco]

[QUOTE=Lightning]When I purchased a car, I paid for it and received a title. I admit I'm totally naive here. I'm honestly curious as to how you can buy someone and not receive title and ownership of it. It seems like something didn't get signed that should have.[QUOTE]


Lighting, it bothers me that those who are paid to "Do the job" didn't either. Reminds me of the complaint I sent to the Oregon Senate in regards to 3 incidents that have happened to me and family.

1. I sold my old PU (Traded it in) and bought another vehicle. 8 months later I get a letter it had been towed after the driver was busted for DUI. Now I had signed off title AND given it to the dealer. (I took the letter to the dealer and reamed his a** for this)

2. Older sister sold her car and a year later police knocked on her door, asking where she'd been the previous weekend. The car had been used in 5 hold-ups.(Luckily for her, she not only knew who bought it, but where they lived. They got 22 years)

3. Brother in laws brother was awakened by police with a warrant for his arrest, in a hit and run which killed 2 people. He'd sold the car 4 months previously. (Driver later was caught, but committed suicide before capture)

Now, this is Oregon, I now live in WA which has an attatched sheet YOU the SELLER send into the state to notify them of sale/transfer of title. Oregon has no such policy (Which is why I wrote the Senate) and thus, this shows you that it is very easy for things like this to happen.

No, it does NOT absolve us from being diligent, but we sadly cannot any longer be complacent about those who are in the position of trust, to be fully trusted to do the job.

[Annika]

Wow, what a mess!

Wish I had some advice to offer, but I bet your determination will ultimately get things resolved.

Hang in there!

((( hugs )))

[Minnymouth]

THANKS FOLKS FOR ALL THE INPUT AND WELL WISHES!!!

Yes, this ordeal has been a big mess and a lot of worry on my part....
I keep hitting "brick walls" but making no dents.

We (me and my legal friends) have made some decisions on what to do about the situation.

A friend of mine is going to buy the home/land back at auction (he owned it originally). He will own it again till I can re-finance and get it back in my name.

Rather then tie a lot of money up in court petitions etc., trying to get the home/land back we will just buy it at auction and then pursue the rest in lawsuits.

After the auction is over my legal friends will pursue the other aspects for me. They have the know-how, the connections, and the right sources to accomplish our goals.

There will be lawsuits filed against the bank, title company, mortgage company, ("lender negligence ", "discrimination" (the bank refused to sell me back my land at market value) and possibly my lawyer for "malpractice" also. There is a possibility that the Trustee has also stepped over his boundaries of putting up for auction a mobile home that does "not belong to me" as my asset. It still legally belongs to the seller.

Right is right, and wrong is wrong..... I am being "penalized" extremely heavy for "clerical errors" of professionals. Something completly out of my control! AND I'M NOT TAKING IT LAYING DOWN!!!

I am a FIGHTER.....

I will do "whatever it takes", lawsuits, notify local TV stations, National TV shows etc. to settle this issue to my satisfaction.

BELIEVE ME, when I say "somebody is going to PAY for all my problems, all my financial loss, and all my grief this past year and a half."

If I'm GONNA GET SCREWED - I'M GONNA ENJOY IT!!!!!

I will not own my home if we get it back, I will have to rent it till I an afford to get it back in my name again....downpayment, etc.....

But hopefully when its all done and settled I will be able to purchase my home back at the "expense of professionals" and their "clerical errors"...........

So will keep you posted as to the outcome and status of the situation and how it's going.

The strong survive and I'm a survivor......even for an old woman!!!

Minny