[Wonderwoman13]

Can I buy a mobile home with just the certificate of origin? And a bill of sale,I moved in with an affidavit signed an notarized that upon receipt of title the rest of monies will be paid,I gave a deposit,and made that refundable if for any reason the sale did not go through.now he wants to charge rent and damages and evict me,could you tell me where I stand?

[joypulv]

You should not have handed over a dime or moved in without a title signed over to you.
It isn't clear whether he failed to produce his title, or you couldn't get his title transferred over to you.
He may have never legally owned the trailer, because this sort of thing happens a lot, and tracing back to who last had title gets difficult.
Each state has their own laws regarding mobile homes and which department (such as DMV in some cases) handles the titles. With the certificate, you should be able to find out who is on the title. If it is him, he has to get a copy and sign it over to you during the sale.

If he never gave you a title and won't get one (he may owe fines or taxes, for one thing), he owes you the deposit back, but he can also evict you. He can start charging rent now, but not retroactively. (Damages are something the two of you have to work out.)

[ScottGem]

I moved in with an affidavit signed an notarized that upon receipt of title the rest of monies will be paid

I'm not clear here. Did you get a bill of sale or not? The affidavit sounds to me like a contract. A contract where you have fulfilled your end. If he tries to evict you, it will involve a hearing. At the hearing you show your documentation and tell the court that you are buying the unit and just waiting for title to pay the balance. If the person can't produce title, then he needs to return your deposit and you will vacate.

[Wonderwoman13]

The title was never applied for he bought it wth just the certifacte of origin,there are taxes owed,he does not want to pay them to get the title.is the original Co O proof of ownership?

[AK lawyer]

No, the original certificate of origin without a bill of sale would probably not be sufficient to get title of a mobile home. Did he ask the DMV about their requirements?

And, I suspect, he will need to make sure the taxes are paid, if he doesn't want the MH to be sold for taxes.

[Wonderwoman13]

I still want to purchase the unit and wonder if I could make him produce the tiltle , he did after all agree to do so in writing,is just the certificate of origin proof of ownership? Would it be a legal sale with that and a bill of sale.it has never been registered at the dmv,so he don't won't to pay the taxes which is not my problem,I wanted the tilte,I don't want to lose my money and I want a legal sale.how would I authenticate a certificate of origin?

[Wonderwoman13]

I still want to purchase the unit and wonder if I could make him produce the tiltle , he did after all agree to do so in writing,is just the certificate of origin proof of ownership? Would it be a legal sale with that and a bill of sale.it has never been registered at the dmv,so he don't won't to pay the taxes which is not my problem,I wanted the tilte,I don't want to lose my money and I want a legal sale.how would I authenticate a certificate of origin

[joypulv]

You have to have a TITLE. You have to get it from HIM. The DMV won't give you a new one.
He has to apply for lost title, or maybe he bought the unit and never got a title from the previous owner.
This happens a lot and is a nightmare, depending on the state it's in.
You should have asked the DMV what to do, but I am sure they will say what I said. In some states it depends on how old the unit is, or the size or classification... you have to do the research based on what you have.

It's no different from buying a house from someone when the deed (the recording document) isn't in his name!
Get your money back!

[ScottGem]

Please stop creating new threads for the same question. I've merged all your threads, please post any follow-up as a reply to this thread.