Inherited property due to my fathers passing. There is an outstanding mortgage on the manufactured home. The deed to the property is in my name and I am paying the real estate taxes. I applied for a loan to pay the balance of the mortgage on the home. The manufactured home on this property has my sister's name on the title. If I pay off the current mortgage and put the mortgage in my name, does the title to the home automatically follow?

No, the only thing you would be able to title is the land as that is what your borrowing against. Only if she signs it over to you can it change title unless your trying to take it away for some other reason.

Your sister has to sell you the home. So if you borrow money to pay the loan on the home, you have a closing on it where you provide the funds to her lender and she signs over the title to you.

If you merely pay off "HER" loan without her signing it over, that only means she now owns it with no loan

The manufactured home does not have a "mortgage". It has a loan on it. Manufactured homes have chattle loans similar to an automobile loan. The title to the mobile home is held by the lender and cannot be changed until the loan is paid off. After that the title is sent to the original title holder and the person can or cannot endorse the title over to you. Until that happens your sister still owns the mobile home even if you have paid off the loan on it.

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Originally Posted by twinkiedooter

The manufactured home does not have a "mortgage". It has a loan on it. Manufactured homes have chattle loans similar to an automobile loan. The title to the mobile home is held by the lender and cannot be changed until the loan is paid off. After that the title is sent to the original title holder and the person can or cannot endorse the title over to you. Until that happens your sister still owns the mobile home even if you have paid off the loan on it.

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Thanks for your imput. It gets even more complicated. She told me that she holds the title even though the loan is not paid off and is trying to get me to pay off the loan by telling me the loan is my responsibility since I hold the deed for the land.

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Originally Posted by apollo1234

Thanks for your imput. It gets even more complicated. She told me that she holds the title even though the loan is not paid off and is trying to get me to pay off the loan by telling me the loan is my responsibility since I hold the deed for the land.

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Is it possible she is holding onto an unsecured loan? Then she would hold title at that point. But as far as the land its on that is a separate issue.

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Originally Posted by califdadof3

Is it possible she is holding onto an unsecured loan? Then she would hold title at that point. But as far as the land its on that is a seperate issue.

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I contacted the bank about the loan and was told it's an home equity loan.

She may have a title in her hands but more then likely their name (the bank) is on it too.

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Originally Posted by califdadof3

She may have a title in her hands but more then likely thier name (the bank) is on it too.

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Thanks again. I am awaiting a call from the bank with an answer to that question.

The bank who has the equity loan will have a lien on the home. You own the land period. You have no legal obligation to pay off the home equity loan on a home you don't own.

If she were to go and endorse the back of the title and try to transfer it to you she would not be able to as there is a recorded lien on the home preventing her from doing so.

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Originally Posted by twinkiedooter

The bank who has the equity loan will have a lien on the home. You own the land period. You have no legal obligation to pay off the home equity loan on a home you don't own.

If she were to go and endorse the back of the title and try to transfer it to you she would not be able to as there is a recorded lien on the home preventing her from doing so.

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Thanks, this information is helpful. I just need to know where I stand, hopefully this will come to a peaceful resolution.