Bought a park four years ago with owner financing. My attorney got sick and left his practice before he could retire the mobile home titles. The seller has refused to sign the titles over and I have to take her to court to force her. I would like to claim lost rents on five of the homes as they are uninhabitable. Without the titles, I cannot replace the trailers, get a cert of occupancy, or refinance the park. How can I prove lost rents from uninhabitable trailers?
I understand where you’re coming from, but I’m not sure why not having a title would mean that you can’t replace the home, get a certificate of occupancy, refinance the park or, for that matter, rent the home out. You normally don’t need a title for any of those things. In addition, there is a mechanism in every state to replace missing titles or, worst case, you can replace the title by taking the home through abandonment.I would not get too specific on your bluff to get the money from the seller, as I’m not sure that you can make those claims, although I don’t even know what state you’re in. If the seller was supposed to give you the titles, and they did not, then you have them in a clear case of fraud. Put the screws to them, but don’t get too specific about those damages – consult a new attorney.