Expert: Dick Dennis - 3/26/2010

Question
when I bought my mobile home i never received a title. i filed for bankruptcy and during this i discovered that a title had never been filed in my state or any other. initially i was going to reaffirm on the house but after it was discovered there was no title i am now about to lose my home because the bankruptcy trustee has taken it over. I have a copy of my title and there was never a lein put on it just a mortgage lein on the property the house is not mentioned in the mortgage lein to the property i am just wondering how i can lose my house when no one has a lein on it. do i own my house free and clear but not the land?

Answer
Since you filed BK, Steve, you should ask your BK attorney these questions. He is the one that should know how you could lose the mobile home, yet, without a lien on it of any kind, including a mortgage.

I assume your mobile home became attached to the land on which you do have that mortgage. When a mobile home is attached to the land and not unattached like in a mobile home park where you would pay rent for the use of the land, the mobile home (personal property, like a car) and land become one (real estate). That is why you see only the mortgage as the only lien on the title. The lender lent you the money on the whole package, not the land alone. I am sure somewhere in the paperwork is a reference to the mobile home being part of the deal. I do wish you well.

Dick Dennis
CA Broker lic. # 00349415
Dixiedee13@aol.com