Expert: Michael McClure - 10/11/2008

Question
QUESTION: Hi I am trying to get some advice on what to do in my situation. I had a friend sell me a double wide mobile home for a good price of $10,000. He told me that his dad died and he inherited the trailer, and that his dad had never registered the title and that he had tried and was not able to get a title. So i got a bill of sale notorized and it says that i would have to move the trailer off of his property by february. Well i recently found out that there is a lein on the trailer and i was wondering what i could do. is he responsable for paying back the lein? or is that on me now? please help

ANSWER: Hello Ryan...what state are you in, how old is the home, do you have a registration card or serial #s?  How did you find out that there is a lien?
Let me know..."~ M

---------- FOLLOW-UP ----------

QUESTION: Louisiana. 1989 double wide 30'x60' and the serial number was on the bill of sale. and i found out it had a lein because a friend of the person that sold it to me told me. i havent told the seller i know yet either until i find out what i can do. Is it illegal for him to have sold me the trailer with lein? and what actions should i take?

Answer
Hey Ryan,

Well, I'm not an attorney, so can't give you legal advice, but maybe you should use another term instead of "friend" for this guy!
OK, try this: go to the state of Louisiana's web site, find the HCD link (Housing and Community Development)....do a title search using the serial #s you have.  This will cost about $25.00. See who has the lien, call them to see if the debt is still owed, or the lien has been satisfied. If satisfied, they will have to sign off, showing the title is clear. Go to the local HCD office and do the paperwork for a new title.  If you have trouble, try a title company, or escrow co. to do title search.  If there is still a balance, you have been screwed!..no transfer can be made. The HCD office can be used for advice also, but it depends on how your state has things set up.
For your sake, I hope it is just a matter of someone just not following through with the release of the lien...this happens all the time.
You may end up going to court to get your $$ back through small claims, or sue him for fraud....Good luck   "~ M