[tabithaball]

My husband and I purchased what we thought was a 2003 reposed mobile home with land. Three years after the fact we are finding out that our contracts are just for land only but the seller just sent in the title to the mobile home to our mortgage company with out it being recorded in his name or in ours. We have several other issues with it to many to mention. Our mortgage company filled a ucc financing statement on the home to attach it to our deed of trust can they do that? Also can they do that after we have filled bankruptcy? Do we own home or land?

[Fr_Chuck]

Mobile homes are normaly owned like cars, with titles that you register as personal property at the court house, It appeas that your mortgage company has filed to be sure the mortgage is protected since their intent was to loan on both, the UCC filing will insure that they have a lien on the mobile home also. What should have happen is that the mortgage company file a new title with you as the owner and them as the lien holder, just like you have with a car.

You wlil have to tell us about the bankruptcy, did you include the trailer and the land, if a chapter 7 did you reaffirm the debt of the land and trailer. Were they to be sold to pay debts on the bankrupty ( only you and your attorney know how you filed your bankruptcy.

Are you still making your montly payments ? Are they current ?

** some areas do allow mobile homes to be included as real property ( with the land) depending on many factors.

What you purchased the trailer and land, what was the contract, did it specificly lest a mobile home?

Just not enough info.

[tabithaball]

Bankruptcy chapter 13 it pays loan payment for 5 years then we go back to paying regular payments.

Title issue is the mortgage companys note is only for the land we are just finding this out is says nothing on the home or any home for that matter. The contract for purchase of the property was signed with my husbands name but it is not his signature.

What is this real property meaning?

[tabithaball]

Would the Bankruptcy prevent the bank from filling the ucc?

[Fr_Chuck]

The bankruptcy is basically a reconstruction of your debts, allowing you to pay the secure ones debts and some loans at actual value, and unsecured at a discount ( often pennies on the dollar) to allow you to fit the payment on your budget.

Is the UCC ( and that us uniformed commercial code I will assume) should just be a document showing that the trailer is secured by the loan that currently only shows the land attached. They most likely did that after they got the title. *** Now this is a really big guess, since of course I can't see what they filed and this is of course not something that happens every day.

So you need to look at all of the mortgage papers, what was the value of the property based on, just the land, or the land and trailer, this was the apprasial you had done for the mortgage. And in the actual wording.

if the mortgage was not to be attached to the trailer, you can file in court for them to release the title to you

And if your husband did not sign the contract, who did, property purchase has to be signed and notorised there are very, very strict rules as to buying and selling property.

(real property is land, houses and other property, a mobile home is normally not considered real property, but it can be in some cases. Normally a mobile home is considered personal property)

[tabithaball]

The ucc says it's a secured to the deed of trust for the 1996 home te debtors and the secured parties noted above wish to declare the home as a permanent fixture as evidenced by this affidavid of affixture.

The appraisal says a 2003

The purchase price on the settlement statement is 96,000.00
The loan is for 76,500.00

I have no clue who signed the purchase for the property

We can't affored expensive attorney fees