my son & daughter-in-law borrowed money to buy mobile home .they transfered ownership over in their name but never paid us a penny they have since separeted and the wife won't sign the trailer back over to us..even though they never paid us any money....legally ..who owns the trailer?
119485
legally whoever name is on the title(just like a car) owns the trailer. that dosen't mean they don't owe you the appreciated value of it if they went back on the deal but you would have to sue for it! agreements are both verbal and written but still binding.
90610
get the delivery...it should convey rights of ownership limited to debt obligations.....what about the loan encumbering the property?
424734
if he gives a quit claim deed and she accepts, then she owns the house. The brother has to sue the husband for damages from him relinquishing his rights to the property to the wife.\n\nHere's a question for you: Is this a community property state and did the husband sign a contract with his brother without his wife's signature? ;)\n\nRegards
254675
I am assuming that you are talking about when both the husband and wife are owners of the property but only one of them (let's say the husband) is on the loan.  \n\nThe mortgage is the security instrument for the loan.  It says that the owners of the property acknowledge that if the loan is not paid then the lender has the right to foreclose on the property and sell it.  In order for this security instrument to be effective, ALL owners of the property must sign.  \n\nBy signing the mortgage the wife is not assuming responsibility to pay back the loan.  She is merely giving her permission for the property to be sold to pay back the loan in the event her husband fails to pay.  If the loan were for $100,000 and the husband did not pay it back, and if the bank foreclosed and was able to sell the property for only $80,000, the bank could sue the husband personally for the balance but could not sue the wife.\n\nThe only way I know of to avoid this is if the wife gives her husband a deed giving up all of her ownership interest in the property.  Then her husband would be the only owner and would be the only one required to sign the mortgage.  I strongly recommend that you NOT do this.
39178
Actually, I think there are a few points to this question. First, what did YOU do to prequalify them to purchase the house in the first place?  Many LO landlords really don't care if the renter ever buys, they keep the LO money and either let the tennants go month to month, or let them move on.  So, assuming you want to sell the house, do a better job upfront of finding tennant buyers.  Pre qualify them.  1. Do they have all of the option consideration money upfront, with no payments (this means they have a lump sum or were able to save the money).  2. Does their current employment make it so they are able to make the payments on the house comfortably.  You can look at their income, and their outgo, and compare it like a lender does (that is what I do).  THey should not spend over 41% of their monthly income for, all items on the credit report, monthly payments, the principle and interest and taxes and insurance on the house. IF it is obvious they will be short...you probably want to look for the next buyer. But finally, if they will be renters until they exercise their option contract, do a smart upfront check on them as renters. First, do a criminal check on them, if they pass that, then look into the other items such as credit and references. If you find someone you like, then go to their neighborhood, drive it, and then call and ask if you can stop in.  If they are happy to let you come see them in their current home, you will get a feel for  how well they are going to take care of your property.  Due Diligence is important. Im not a lawyer, and if any of this info is wrong, it is simply my opinion.
413069
This is a sticky situation. First, I'm going to assume that your husband was on the original note and mortgage with his prior wife, therefore, he is obligated to make those payments when she does not, regardless of the divorce decree. It's crummy, I know. Sure, she can be held in contempt, but that really doesn't help you and your hubby out. My suggestion is this: Call the mortgage company that holds the note. Or rather, have your husband called. As he is on the note, he has a right to access any of the information. Have him explain the situation to the mortgage broker and find out what help they can offer him. Next, find an attorney that will sit down with you and find out what they suggest you do legally with the ex-wife. \n\nI can relate, as my divorce attorney suggested that all I needed to do was sign a quit claim deed to "remove" myself from the property. Luckily, working in the industry, I did know better, but it really bothers me that this is so common. Please keep us posted, I'll keep you and your hubby in my thoughts in the hopes that this works out for you.
331190
I specialize in real estate.  I recommend contacting an attorney.\n\nWhat you will do is draft a document that essentially sells the property to them and simulatenously places a lien on the property.  They agree to make monthly payments according to a payment schedule you agree to (which depends on the amount, interest rate, number of years).  If they fail to pay, you can repossess the mobile home.\n\nI strongly encourage you to get some kind of down payment.  This increases the likelihood they will pay and if you have to repossess, the costs and property damage usually associated with kicking out unpaying people will eat up that downpayment money quickly.  Bottom-line, it helps keep you from losing money in a worst case situation (banks want people to put 20% down for this very reason).\n\nAlso, I would encourage you to get the buyer to split the attorney's fees with you (they will be like "closing costs") to decrease the legal bill on you.\n\nEmail with any questions.  Best wishes.\n\nJared
200097
hi. I kind of do this for a living in Texas and don't know where you are, so the rules could be different.  I would suggest that you contact the contact person at the state and real-friendly-like start there by asking if you could get a copy of the "title work" they "ran" (conducted) to arrive at their ownership information.  This would be the easiest way to determine what the actual percentages owned by each person are under the two lots.\n\nIt sometimes happens that when land is deeded or willed out even to a group of people, the percentages of ownership can be unequal. For instance, if your grandparents passed the lots by their wills to their 10 children thusly,"I want my 5 sons and four daughters, Cindy, Amy, Sarah, and Sue to share and share alike in 75% of the lots, but I want my remaining daughter, Jean to have an undivided 25% of the lots b/c she took care of me in my old age."  Thus Jean would be entitled to 25% of the money from the state, and the others only divide up the remaining 75%.\n\nThis could happen if the 5 who deeded to the other 5 said it similarly, "We deed our interest 75% to our siblings Joe, John, Cindy and Sue, undivided, but deed the remaining undivided 25% to Jean, who took care of Dad."  See?\n\nHowever, if all the transfers were made equal and undivided amongst all 10, then the same way amongst the 5, then that one Aunt is out of luck. She may have gotten "ripped off" by having paid more to her siblings than the others did, but tho that would stink, it wouldn't get her more.  The deed wording controls.\n\nSo for you to be able to help: You have to see the documents that put the title into your uncles and aunts the way it stands today. If the state can't or won't help you, then go to a title company in the county where the land is and tell them you will pay for a title check, or a title insurance commitment.  Or go to a reputable real estate lawyer who can go to the county records and check them for you. It is a little expensive, but will shut Auntie up.\n\nGood luck. Remember--she may have a reason for thinking as she does, that goes beyond just greed. Old people often remember things that happened. I find talking to them very useful in my work.
227187
Unfortunately, he can file bankruptcy, which just makes it harder for you to collect. You did mention for "us" to qualify  for a loan on our new house... I'm assuming this means you both own this house together (BOTH of your names are on the title)? If this is the case, you can go to court, and sue him for your half of the equity in the house (and the original downpayment plus attorney's fees) - this may require him to sell the house (which he can't legally do without your signature if your name is also on the title also). While the money you used to pay off your ex's vehicle and travel trailer might be gone (but not necessarily), at least you might be able to recover your loss suffered in the mortgage loan. Good luck!
310425
It sounds as if this squatter is attempting to establish adverse possession of this property.  The rules vary from jurisdiction to jurisdiction, but if this person is living in this place scott free and the owner knows, there is a period of time of doing so after which the squatter will be declared the legal owner of the property.  The owner must involve the police and child protective services.  This will establish a paper trail that demonstrates that the owner did not just know and accept her occupancy, but actually took measures to stop it.  The owner is unlikely to get in trouble for allowing this mom and her small children to live in his home up to now.  Clearly, though, it seems that these children might be better off in foster homes until the mom can get her act together and provide a suitable home for herself and for them.  I do not believe in creating homelessness situations, but I have given you the state of the law on the topic.  Best of luck to you (and the owner).
660183
Take a look at the recent Readers Digest.  They report on scammers who buy property real cheap from people in financial trouble.  They told of this one family who was in danger of foreclosure and these "really nice people" had them sign a bunch of refinance papers with blanks on the form ("we'll fill them in for you later").  Even though they had a bunch of money in equity it turns out that they sold out their house.  The scammers then sold it to someone else as rental property, who then evicted them because the scammers failed to tell them that they were now supposed to pay rent to the new owner--naturally, not knowing, they hadn't paid rent.  Then the "nice people" were gone, with the profits.  I wouldn't touch that "opportunity" at all.
243181
you have to prove it was a fake signature and get the picture of the person that did sign for you at the closing- get all the parties involved. the title company the realtors,the co-owner.  Have fun proving you didn't sign the documents though.  you are right a lawyer needs to be notified but the cost to bring this to court and put the guys in jail is expensive too...enough that you may not want to persue it.  Try finding the person that signed chances are they've gotten out of town too.  On a good day you'll find every body and catch them before they leave town but they've got to think your not going to do anything.  hence, even if you do they might not care and it could be dangerous to boot.  I hope your guys are amateurs.  I don't have any direct info for you but I have a friend that went thru similar home fraud case and the FBI and state's atty. were interested in her case-maybe they can refer a good atty. Mortgage lending fraudulent transactions are federal offenses.  If you get 25 yrs for credit cards I hope it's more for lying on a loan document.
454174
What rd211 said. \nThe work on the car was not authorised by the owner, so she technically owns nothing to anybody... She can of course approve post facto, and decide to pay the bill, but unless she does, nothing compels her, and it's a matter between the mechanic and the ex. Also, since the car belongs to somebody who is not involved in the deal, the mechanic has no right to hold it as collateral for payment of the repairs. \n\nNo bill was tendered, and the object has been removed to premises others than the machine shop or the mechanic's customer parking space... technically, it can be regarded as a presumption of grand theft auto.\n\nA mechanic's lien is definitely a real estate intrument not normally applied to movable property... so odds are the claims ar bulls*it. Especially since taking such a lien is an involved process and I don't suppose its steps, such as serving the preliminary notice were followed.\n\nBut really, get a lawyer and the police on the case and get medieval on the machanic's and the ex's sorry asses, because it really looks like they committed conspiracy to steal that car.
133760
I would think that you have a good case to bring forth, but living in a mobile home park myself (in California) if your park is owned by a major corporation (such as ours) I don't know if you would have too much luck without taking a legal stance.  We, ourselves, are going through it with rent control issues (our park has raised our space rent $200 in the last 3 yrs) and it is terrible for seniors.  Prayers go out to you in Florida =)
523510
whoever the next of kin is, gets the land... your description is to confusing to figure that out for me..but you being a family memeber should be able too.... a lawyer would probally help too.. if there is a lean on the land or debts owed.. it might just go to the government.. I would get a lawyer
268302
Seems cruel and unfair but if you don't keep up payments on a house, then you either have to sell the house or the mortgage boys'll take it away.\n\nWhy on earth didn't this person sell? If they'd been paying for it for ten years then at least a third would already be paid off! They could've sold up, paid the mortgage off and had enough left over for a sizable deposit on something small once they'd got back on their feet again. I don't know the story, but it sounds like madness to me.
326907
So the lawyer has taken another morgage on your property. In my opinion it seems that the Lawyer has committed fraud, in which case is a matter for the criminal courts. In the case of the loan Im afraid as the law stands here as long as the morgagee (loaner)was innocent in his dealings the loan sticks. I would hire a lawyer quick smart and dependeding on your countires land law you may be entitled to compensation. It seems that the Lawyer may have said " I represent X (your name) who has requested a loan on the property, morgagee doesnt care makes preparations. Im afraid the loan stands, with the option of a possible statute remedy (see a lawyer).