Expert: Dick Dennis - 11/16/2010

Question
Hi, I paid cash for 2 acres and a mobile home in Texas a few years back. I was young and did not know that I needed a title for the home. I bought the property under the assumption that both the land and the home went together. I had the deed for the land and I paid the taxes every year, but I never transferred the property into my name. A few years after that, I sold the home and land to someone else, for cash, under that same assumption. Then I joined the United States Marine Corps. I am currently deployed to Afghanistan and I am getting word from friends and family back home that the lady that I sold the land to is suing me because she doesn’t have a title to the house. I do not know whose name it is in nor do I know how to track it down. Reading through some of the other questions on this website, I realize, now, that I may have inadvertently frauded her due to lack of knowledge on both sides of the agreement. But I would say I also had fraud committed against me as it was never brought up when I bought the property. I know due to the Soldiers and Sailors Act there is nothing she can do as long as I am deployed, but I was wandering if her suing me for this is even possible? Is there anything I can do? Thank you for your help in advance
-LSimmons


Answer
It doesn't make sense, Mr. Simmons. The person who sold you the land and the mobile home should have made sure you received title to both properties (real and personal--yes, a mobile home is personal property, like a car). If you had a Realtor who was helping you buy the properties should have arranged that. It would (should) have been all taken care of at an escrow office or a title company.

You say you had the deed for the land. That means indeed the title is in your name, especially if you paid the taxes. You received a tax bill from the county. That wouldn't have happened if the bill that came to you from the county did not have your name on it. That means you did have title! My bet is that the mobile home is connected to the land title-wise.

The mobile home, like a car, would have had your name on it, too, just like you would (or should) have done with your car. But the mobile home, I assume, is connected to the land, right? When anything is connected to the land, it becomes real estate, too. Therefore, if you have title to the land (real estate), you also automatically have title to the mobile home. I suppose it is possible the mobile home was not connected to the land, meaning you could pull it off at any time and sell it separately. But I would like to believe whoever helped you buy the property did right by you.

Yes, you may have been lax in making sure both properties (now one) were in your name. Hey, you may have been paying property taxes WITH the mobile home connected. You, and your buyer, should have handled your sale of both properties through an escrow or title company. Now do you see why I said this doesn't make sense? I recommend you consult with your AG to straighten this mess out. I do wish you well.

Dick Dennis
CA Real Estate Broker
Lic. # 00349415
dixiedee13@aol.com