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What can a mobile home owner do if the lender won’t release the title after the loan is paid off?
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I live in a mobile home that I paid off several years ago and the main office still has not given me my title.
I understand how frustrating it can be to not have the title for your mobile home after paying it off. Have you had any communication with the main office regarding the status of your title?
Yes I've asked them verbally and over email and text.
Is there a specific reason they have given you for the delay in providing your title?
They say that there is a lien on it however I have paperwork that shows it's been paid off.
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they'll be able to help with your title issue.
The issue seems to be that the original lien holders sold this to the current company which seems to be a subsidiary of the initial company and somewhere along the way the title was lost. The office says they're working on it but it's been about 5 years now.
Hi there, thank you for your question. I'm Seth, a Lawyer here on our service. I understand you're dealing with a situation where you've paid off your mobile home several years ago, but the main office still hasn't given you your title due to a claimed lien, despite your paperwork showing it's been paid off. Disclaimer: Just a note, our conversation is for general legal information only, and does not establish an attorney-client relationship. Have you considered any actions or inquiries regarding this situation?
I have been contemplating filing a lawsuit or some kind of legal process because I feel like they are doing this deliberately because I told them I want to move out. And have since gone to a month to month lot fee arrangement rather than a yearly lease. But it's been over a year since I've done that and every month or so I have to pay extra.
Could you tell me more about the paperwork you have that shows the lien was paid off? What kind of documents are they?
I have a loan and security agreement and disclosure statement saying that it was paid, as well as a letter from the loan servicing coordinator showing that the note/contract was paid. The letter also states that the paperwork was sent to the main corporate office so that they can transfer the title in my name showing no lien.
Thanks for sharing that information. Have you sent any formal written complaints or requests to the company about the delay in transferring the title? If so, what was their response?
Yes, I've shown them the paperwork, given them their own electronic copy via email. And through the conversations we've been having they said that they are working on it. But every time I call since giving them the paperwork over a year ago they have not been able to. They keep saying that it's been held up by the corporate office.
Based on your situation, there are several legal arguments and considerations in property and contract law that could potentially support your case:
Title Transfer: When a lien is paid off, the lienholder is typically required to release the lien and facilitate the transfer of the title to the owner. This process should be completed in a timely manner to ensure the owner's rights to the property are fully recognized.
Lien Release: If you have documentation showing the lien was paid, the lienholder is generally obligated to provide a lien release. This document is crucial for clearing the title and should be filed with the appropriate state or local agency to update the title records. Under the model Uniform Commercial Code provision (UCC § 9-513) Termination Statement, a secured party is required to file or send a termination statement once a debt secured by consumer goods, which can include a mobile home titled as personal property, has been fully paid. Most states have adopted a version of this rule, so the specific deadline and filing process may vary depending on where the property is titled.
Consumer Protection Laws: Many jurisdictions have consumer protection laws that require businesses to act in good faith and deal fairly with consumers. Delays or failure to transfer a title after payment could be seen as a violation of these principles.
Contractual Obligations: The original loan and security agreement may outline specific obligations for both parties, including the timely release of the title upon payment. Failure to adhere to these terms could constitute a breach of contract.
Let me know if you have any questions or clarifications, if not I'll move forward with guidance.
There is a group I found online that has had similar problems getting their own titles. This seems to be fairly standard for this company.
- Send a Formal Demand: Mail a certified written demand requesting the title transfer, include supporting documents, and set a deadline for a response.
- File Consumer Complaints: Submit complaints to your state's consumer protection agency and the Better Business Bureau to help encourage resolution.
- Consider Legal Action: Consult a real estate attorney about filing a lawsuit for breach of contract or seeking a court order requiring the company to release the title.
- Join Others: If others are experiencing the same issue, explore the possibility of a class action or coordinated legal action.
- Consider Mediation: Before filing suit, mediation may provide a faster and less costly way to resolve the dispute.
Please let me know if you have further questions.
I agree to what you just said. And moving forward would be fine with me. Would you be able to recommend a lawyer in my area?
Just a quick heads-up, I'm happy to share general legal info, but this conversation doesn't create an attorney-client relationship or count as formal legal representation. If you're looking for a lawyer in your area, I recommend checking local directories or bar association websites for qualified professionals.
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