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    kyle5476's Avatar
    kyle5476 Posts: 1, Reputation: 1
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    #1

    May 1, 2018, 06:50 AM
    Land and house titled separately
    I am currently trying to buy a lot from a lady in town that has a manufactured home sitting on it. She bought the land first and then got a mortgage on the house she put on the property. She wants to sell me the land and I don't want the house so she was just going to let the house be repossessed by the mortgage company. If I buy the land can I tell the mortgage company to move the house off the land so that I can build my own house on the property? Or does the mortgage company have any legal right to the land even though they are not titled together?
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #2

    May 1, 2018, 09:01 AM
    HUGE can of worms. Is the lender treating the 'manufactured home' as an affixed house or a mobile home? The lender didn't sell the home, regardless. It isn't like repossessing a car.
    They could have a lien on the land while they hold a mortgage.
    Your best bet is to help her find a company that will remove the home. And do a title search on the property.
    talaniman's Avatar
    talaniman Posts: 53,884, Reputation: 10852
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    #3

    May 1, 2018, 09:28 AM
    Typically people use a title company to do a title search to find out if there are liens and taxes due/owed on a property they intend to buy, often paid for by the seller. That's your best bet as any bank will try to mitigate it's losses. Maybe the land was used to secure the mortgage on the house, also a typical transaction from a bank. I doubt seriously if a bank would simply move the house (To where?) and sell it to recoup their mortgage, or let this seller profit from a sale of the property which included the house, without dealing with the mortgage amount in some way, which includes passing it to you as an obligation.

    You need a title search whether with an individual company, or done yourself. Good luck getting a bank to move the house for free so you can build your own. Doubt that happen, but I suppose no harm in asking.

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