Questions and Professional Answers

• Mobile Home Bill of Sale

  I own a mobile home(Land not included)in a mobile home park which I have put up for sale. I have a buyer and I would like to carry the note at fixed interest with a balloon payment after 2 years . Would a Promissory note secured by the mobile home and a down payment be sufficient to back a Bill of Sale for the mobile Home? Also do I need to stipulate in the Promissory Note that the buyer must pay for the lot rent(to the Park) or is that assumed?

  • Re: Mobile Home Bill of Sale

    A mobile home - so long as it remains "mobile" - is personal property, just like a car. A bill of sale will be effective to effect transfer of the title, but must reference the accompanying promissory note that is secured by the home. You can use pretty standard forms for these two items, but be careful that the full legal description of the home is included in both (you can pull it from your registration, annual tax statement, or your own original purchase agreement). You cannot compel the new owner to keep the home in its present location (any more than you could force the buyer of your car to keep it in his garage), but you can include in the purchase contract a provision that you receive notice of any default in rent payment at the park. Most parks require a specific approval process for new tenants - even in existing homes - so be sure you are complying with the property owner's rules, too, and request from the property manager the notification of any default.

    Rick Williams
    Law Offices of Frederick D. (Rick) Williams, Chtd.
    5515 Wedekind Rd
    Sparks, NV 89431-1147

• Who is responsbile for insuring the mobile home?

  I sold my mobile home to a couple for cash and have a notorized bill of sale showing how much it was sold for etc. I gave them the title and they were supposed to go to the DMV and switch it over using the bill of sale. Well, they say they have no money to do it and my insurance is up on the mobile home. If somebody gets hurt in there is it my responsiblilty? Is there anything I can do about this because I'd like to save the $500 on insurance when I'm not even living in the trailer. They have pulled it off of my land and are now living in it.Thanks!

  • Re: Who is responsbile for insuring the mobile home?

    You will not be responsible. However, since the mobile home is "licensed," you need to call the department of public safety and tell them you do not own the mobile home any longer and ask if there is anything you need to do so you are not penalized for not having it insured any longer. They may want to see a copy of the bill of sale.

    Nick Pizzolatto, Jr.
    Pizzolatto Law Office
    827 Pujo St.
    Lake Charles, LA 70601

• Definition of new vs. used ref. wrecked mobile home

  Can you give me a case that adjudicated the definition of ''New'' vs. ''Used''? I am involved with a situation where a mobile home was wrecked enroute from the mobile home manufacturer to the mobile home retailer. Both mfgr. & retailer took part in the repairs of the mobile home, though incomplete, prior to the sale of the mobile home to a consumer. The consumer viewed a mobile home like the above but maintain the mobile home they looked at and agreed to purchase is not the same one that was delivered to them. There were extensive repairs to be performed before the consumer could move in - 6 months worth, where the typical set-up time is 2 weeks. The bill of sale was noted ''New'' however the consumer does not consider the wrecked and repaired mobile home a new one, whereas the retailer and mfgr. maintain it is new as long as it was not titled to another consumer prior to this sale.Can you provide some references that I can use that will support that the once wrecked and repaired mobile home is no longer a new mobile home, much like an Ohio case maintains that a wrecked car is no longer a new car.

  • Re: Definition of new vs. used ref. wrecked mobile home

    South Carolina has a statute about damaged new motor vehicles, but I don't think it applies to mobile homes. This matter would probably fall under the Uniform Commercial Code. There is a provision for "Revocation of Acceptance" based on defects, but you will probably have to get an attorney and sue them before they will take the home back.

    Charles Griffin
    Law Offices of The Griffin Firm, LLC
    136 North Main Street
    Anderson, SC 29621

• Mobile Home

  My father in law purchased a mobile home for us 12/28/06. He passed away 4/2007. We have still not received the title to the Mobile Home. We found out that the company we bought it from never put it in their name. We can't get anyone to call or help us with obtaining the title. In our Bill of Sale it clearly states they have good and marketable title to the property with full authority to sell and transfer said property. We are just needing the title and wanted to know how to go about getting it. It needs to be in my Father in laws name since that is how the bill of sale readsand then we can get it put into our name.

  • Re: Mobile Home

    Might want to call up the probate court. Also, you can get a new title in your name if the old one is lost and you have a good bill of sale stating that there is a transfer of title. This takes a little time and paperwork.

    James Patterson
    Law Offices
    166 Goverment Street Suite 100
    Mobile, AL 36602

• Does the will have priority over a listing contract to sale the mobile home

  I'm the executor of a will in which a mobile home was left to someone. Now we are informed that recently there was a 90 day listing with a realtor to try to sale his mobile to help with his assisted living expenses. He died last week 11/17,2005. His will was dated March 2003...which is valid the will or the listing to sale? And if it's the sale, does the person he gave the mobile home to receive the money from the sale?

  • Re: Does the will have priority over a listing contract to sale the mobile home

    in order to answer these questions the will and contract of sale must be reviewed. you should retain an attorney to assist you.

    Donald Field
    Donald L. Field, Jr., Attorney at Law
    400 Montgomery Street, 6th Floor
    San Francisco, CA 94104-1217

  • Re: Does the will have priority over a listing contract to sale the mobile home

    Based on what you've described, there is no actual contract to sell the home, only a listing agreement for the agent to attempt to sell it. There is no contract to sell until there is an accepted offer. The listing agreement is a contract between a principal (in this case the deceased) and an agent to do certain things (e.g. to sell the property). A listing agreement is basically an agency contract, and like all agency contracts, it is terminated with the death or incapacity of the principal. Because the owner of the mobile home has passed away, the agency agreement terminated and the listing agreement is without effect. However, if there is an accepted offer on the mobile home (meaning someone has agreed to buy it), the estate must honor the contract and sell the mobile home to the buyer. Whether the person designated in the will gets the proceeds, depends on the language in the will, and that would have to be reviewed by an attorney.

    J. Spikes
    Property Law Center
    870 Market Street
    San Francisco, CA 94102

• Bill of Sale

  I am selling a park model mobile trailer located in Arizona to a Canadian. It is titled through Az DMV as a motor vehicle. My residence shown on title is in Illinois, where I live full time. ?1. What Bill of Sale form do I use, Mobile Home or Automobile and ?2. Should I use Az or IL form?

  • Re: Bill of Sale

    You should list this question in Az., also.Bill of Sale should be in conformance with Arizona law.

    Burton Padove
    Indiana and Illinois Lawyer, Burton A. Padove
    533 W. Ridge Road, Suite C
    Munster, IN 46321

• Mom and son own equal parts of mobile home; Mom dies

  Mom and son are both on bill of sale for home...no title because mobile home was purchased in 1994. Mom passed away in June 2000 and father is trying to get half the money for the mobile home. Father's name is not on papers at all. Doesn't home legally go to the survivor? Father is trying to desperately to get money from son. Son hasn't seen will either! Please help!

  • Re: Mom and son own equal parts of mobile home; Mom dies

    The intention of the parties, mom and son, at the time the bill of sale was written govern whether the survivor takes on mom's death. You say equal shares; but how do you know this? Who put up the money???Mom's property, her share of the mobil home and all other property she owned outright, is to be distributed by the terms of her Will and if there is no Will, then by the intestate laws; dad and son share.Need more facts to furnish guidance.

    Norman Nadel
    Norman Nadel, Esq.
    286 Madison Avenue- Room 1802
    New York, NY 10017-6302

• Mobile Home Title Transfer

  I want to purchase a mobile home from a person who has the title but never completed the transaction(bill of sale) in 2003. What would I have to do to legally purchase this mobile home

  • Re: Mobile Home Title Transfer

    You need to purchase the item from the actual owner. So contact the other party or have an attorney determine who owns the item.

    David W. Nance
    DWNance.com founding member of NanceGroup.com
    5700 Magazine Street
    New Orleans, LA 70115

• property sale / monetary division

  my sister is going to take a portion of the monet that is going to be made on the sale of my mothers mobile home. my mother put this mobile home in my sisters name 2 years ago to avoid having it taken away due to an un-paid taxes bill. now that she wants to sell it my sister is forcing my mother to give her 15,000.00 of the profits from the sale. can my sister acctally do this?? does my mother have to agree to this blackmail?? please help!!! thank you.

  • Re: property sale / monetary division

    Well, in the first place the transfer of the mobile home (or any other property) to avoid paying a tax bill (or any other kind of debt) is a fraud, and could be set aside by the creditor.The courts would probably treat you mother and your sister as having equally unclean hands in the trailer transfer, and would not give either one of them their day in court.If this is the case, your sister would probably get away with pocketing the profits.On the other hand, if either your mother or your sister could convince a court that they acted in completely good faith, and had no intent to hold the tax collector at bay, a court might decide the matter in favor of the innocent party. This could be the case, for example, if your mother were suffering from Alzheimer's or some other condition where she was not fully able to reason out the consequences or understand the dishonesty involved in transferring property to avoid paying taxes. A small-claims court in particular might be sympathetic, but of course their jurisdiction is limited to money claims not exceeding $5,000.All in all, both your mother and sister are on thin ice because it appears that they colluded to evade payment of a debt. Since the debt was a tax, the likelihood of sympathy in court is somewhat less.

    Bryan Whipple
    Bryan R. R. Whipple, Attorney at Law
    P O Box 318
    Tomales, CA 94971-0318

• mobile home sale

  Is escrow required on a mobile home sale in California or can it be handled through the DMV as in the past? It is in a mobile home park where monthly rent is paid.

  • Re: mobile home sale

    It is handled through the Housing Department.

    Robert Mccoy
    Law Office Of Robert McCoy
    204 N. San Antonio Ave.
    Ontario, CA 91762