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I am suppose to have a lien on my home & land. I just got divorced & my ex husband signed the title over to me, thinking it was our rental which is a singlewide. The title that he signed was actually for the home I live in now. I turned this in to the DMV & had it changed to just my name & now it shows my name w/o any lien. What does this mean? Do I technically have all rights to the home I live in now? And the lien is only on the land?
Let me make sure I understand:Quote:
Originally Posted by slatcher
You and your ex owned land with a mobile home on it. The divorce decree required him to give you a "lien"; that is a mortgage or something of that nature on that property.
You also live in a singlewide mobile home, which you are renting.
He signed, by mistake, a document supposedly transferring title of the singlewide rental to you, which you filed with the DMV?
If that is an accurate restatement of what you are saying, no. The rental doesn't belong to either of you, and so a document transferring title to you, of something neither of you owned, would have no effect. And no, it wouldn't affect title to the land. One doesn't, in any place I have ever heard of, transfer title to land by filing a document with the Department of Motor Vehicles. It is done by recording of a document with the same agency where real property deeds are recorded.
Does the deed of the land have the lien on it ? If so is the mobile home showed and listed as part of the property on the deed.
If there was a lien on the title of the mobile home ( it works like a car lien, it is listed on the phsycial title and has to be signed off prior to sell, or at least listed at the DMV
Now of course, did you inform him it was the wrong deed that he signed and gave you, since he now could also sue you if though error he siged the wrong one, you knew it, but refrained from telling him about the mistake
The deed of the land does have a lien on it, but the mobile home is not listed on the deed.
I have the title, which was transferred into my name, 3 years ago, & is listed at the DMV in my name, showing no lien on the title.
I did not know this was the wrong title, until I went to refinance the home & noticed that my title had not been retired when I purchased the home, because I have it.
This is incorrect... The divorce decree required me to pay him in exchange for him signing the land over. I have a singlewide that I rent out. He signed my current homes title by mistake because the mortgage company sent me my current homes title.
Please don't use the comments feature to give further information regarding your question.Quote:
Originally Posted by slatcher;
Oh. You own the double-wide and rent it out. I see. The mortgage company had the title to both mobile homes and sent you the wrong one.
I believe the mortgage company could require you to fix this by giving the title back to them. Your ex could also be required to sign the correct title over to you, assuming you have paid him what you were supposed to pay. Perhaps this should be done through an escrow.
As I said earlier, the title to the land would be transferred with a separate document (a deed).
Technically as of right now, I own the home & if I was forced to sell the land, I could move the home & they would have to try to sell the land for the amount that I owe on the mortgage. Correct?
They have a mortgage on the land too? Correct, assuming they were sufficiently brain-dead to never realize that they gave you the title to the singlewide.Quote:
Originally Posted by slatcher
They just have a mortgage on the land, not the home. The title never showed a lien on the home, though it was suppose to.
Why was the mortgage company holding the title if they didn't have any interest in it?Quote:
Originally Posted by slatcher
They have interest in it, but never placed the lien on the title. They messed up.
No. If they aren't on the title, and don't have a lien (That's what "an interest in" means.), they are unsecured. So they had the title document in their possession but didn't do anything with it. Under those circumstances they may be out of luck.Quote:
Originally Posted by slatcher
The law firm that did the settlement was suppose to have the title retired, but instead they sent the title to me & no one has ever contacted me about it. I am thinking they are out of luck & if my ex keeps pushing to have the house sold, I can just move the home & he will have to try to sell the land for $180,000. Right?
He can probably go back to court and get an order for you to do what was agreed in the settlement.Quote:
Originally Posted by slatcher
Thank you very much for your help!
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