Expert: Michael McClure - 5/29/2008

Question
QUESTION: I bought a mobile home in Tennessee from the park manager, who gave me a bill of sale for the home.  I have put some improvements into the home and am selling it.  A realator was interested in the home but told me she needs a title to buy, and that it's illegal in Tennessee to sell a mobile home without a title. What am I to do, I have to sell it as I'm moving out of state, and don't want to just give it back as I've put money into it above the sales price paid?  Would I face liability for selling the home without a title?  Is the park required to give me my money back?  What about my improvements?  Any info you can give me would help.  
Thank you,
Liz

ANSWER: Hi Liz....well I think you have a "little" problem.  The home is registered and titled by the state.   I will assume that you didn't go through escrow (always necessary!), as they would have handled the paperwork.
How do you know the park had the right to sell you that home?  You will need whatever paperwork they can provide you....like a death certificate....power of attorney or a will, etc.
With this info, you can go online to the state housing department, or call if you are near a big city....you will need to show them the "proof" that you have ownership....if they grant you the right to ownership based on what you give them....DON'T start the transfer if you are going to sell right away....it will take months to get it changed.  Take your now growing pile of papers to an escrow company...or Title co. and have your buyer available to sign on....when you get your $$.   Escrow gets paid a fee for this service, but you need to know if taxes are owed....lien against it...part of an estate, etc.    Good luck   "~ Michael

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

QUESTION: Obviously someone should have registered the title but alas, after a title search the results came back that this trailer has never been registered (never had a title issued.)  Is there a liability issue on behalf of the seller as a business?  Whom would I file a complaint with if I have grounds to do so?  I thank you for your time in advance and must admit that I'm stumped after finding out that it's never even been issued a title.

ANSWER: Hey Liz....actually I've NEVER heard of a situation like this...where did you get the #'s to search with? If you took them off the aluminum plates in the rear of the home, they should be valid.
Every state has an Ombudsman in the housing dept.  They are there to speak on behalf of the residents of mobile homes, and their issues.
Look on the Tenn. State webpage for a phone #.

Off the record, I would lastly get assistance and take action against the park owners!  They were fully aware of how to do this properly....I think you have a good case, if you decide to go that route...."~ M

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

QUESTION: The number that was ran came off of the tag rivetted to the back of the trailer.  I do believe that the tag is legit because it's factory rivettes installed from the inside of the outter tin.  I checked with the manufacture of the home and they said that I would have to know which specific dealership it came from for them to find out any thing more than just to be able to verify that the home was not titled.  I spoke with the park manager today and found out that they don't buy back the homes they've sold and I'm not about to assume liability by re-selling it illegally.  Furthermore she insist that it's never been required to have more than a bill of sale and had the ignorance to admit to me that she doesn't have titles for most of the homes in the two parks she manages! I'll be a trip to the legal library.  I'm not sure I want to purse legal action at this time, I really just want to get out of here with my money back, but I will be contacting the proper authorities and filing complaints with the state and bbb.  I just want to cover my back and be sure I'm not at risk of a lawsuit if I were to sell.  Thank you for all the help, sometimes it's easy to be bullied into thinking that what you're told is the truth and I really didn't want to make that mistake with this lady twice!

Answer
Still suggest you talk to the Ombudsman....do you have any #s on the bill of sale(serial, DOH, license)?  Maybe you can register it now....that really gets me when the parks think they are little Gods, and lay down their own laws!  Good luck, and write again if I can assist...."~ M