Expert: Dick Dennis - 6/20/2010

Question
In 1995 I purchased a Doublewide in Burke County Georgia from a elderly lady and her common law husband.  We had a settlement contract drawn up and it was noted that she had a mortgage with then " Nations Bank " and that her loan would be paid off years b4 mine so we paid the last payment in May of this year and they have no "Title"  I went to the county DMV and they printed out two title information pages with vin numbers 1 digit apart apparently one title per side of the double wide.. but there is a lein holder listed by he name of WESAV FINANCAL from Scottsdale AZ they are no longer in business.  The bank she had the mortgage with was purchased by Bank of America they have been researching and say they have no title that most likely She was given the title thru the lein holder listed on this paper from the DMV  Now SHE has passed away a few years ago and it was covered in our settlement contract that I would complete the agreement with her husband who is Executor Of her estate, thing is he is getting on in years and bad health and now HIS nephew as power of attorney over all his affairs.  The Nephew says he doesn't know anything about the titles he knows his uncle finished paying their loan off at Nations Bank|Bank of America, so he went to a local attorney that typed up a Warranty Deed for the land it even states Title Not Certified on this paper... this is simply not satisfying our agreement that clearly states I am to be given Deed and Title.. What are my options here and what do you recommend ...I have VIN numbers for both sides of the Manufactured Home it is a 1987 28 X66 Homestead and its got no axles and toung to pull it they cynder blocked it up around.  3 BR  large home... I have since added on to the home and covered the entire structure with a metal roof added a front Porch along the entire front side.  I couldn't sell it if I don't have a title and correct paperwork.  All these years I have paid the Property tax on the place thru the Burke Co Tax Office  never had to have a sticker...  can you advise me what I'm up against and how long will this take to finally  get something in my name?

Answer
My bet, Tommy, is that there isn't one Georgia real estate agent in 20 that would be able to take care of this matter for you without having to engage a good REAL ESTATE attorney. So, my recommendation is to beat him/her to the punch and find that good REAL ESTATE attorney yourself. It is going to take some court work and research in any case, which will take an attorney to complete. Don't take any chances, Tommy, especially if you ever expect to resell the property sometime in the future. To find that good attorney, I would suggest you contact the closest Board of Realtors. They will probably give you three names from which to choose. Most likely any of the three would do a good job for you. As long as you have the original purchase agreement, and all the evidence that you did indeed make all your payments, you shouldn't have much trouble. I do wish you well.

Dick Dennis
California Real Estate Broker
License #00349415
dixiedee13@aol.com