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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32369
Experience:  Began practicing law in 1992
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I was given a mobile home from my sister in 2010. I want to

Customer Question

I was given a mobile home from my sister in 2010. I want to get it into my name but it has a lost title. The doc said I have to find the owner on record and get him to release interest on the home. And I needed to also get a real estate excise tax affidavit and five year tax affidavit to make sure the taxes have been paid up to date. In doing this I found that the trailer had been sold or gifted many times since the owner on record had it me being the fifth person to call it home. The legal owner I had to track down. For the release of interest was the only one who took the time to put the home in their name. He sold it in 1990 it sold again in 1998 and so on three more to. As and then it was given to me. In trying to get this home transferred into myname iI was told that until each one of these owners signs a tax affidaivit and each one pays the taxes from their sale and owner change taxes that I can't transfer my home that I have been living in for five years now and was given by my sister back in 2010. And that I have thirty days to do it all in and if I don't find all of them Or pay these excise taxes from each of the sales nobody filed For the title Of before it was given to me and if I don't do it that the IRSCould take my home for the taxes owed. I want to know is it really my responsibility to find and get them to pay the taxes each one never payed when sold . And who would ever want to pay when they don'teven own or live there anymore Can iI rereally be liable for such things and may loose my home and be homeless because of this . Mind you the property taxes are up to date.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Your question was " is it really my responsibility to find and get them to pay the taxes each one never payed when sold"

Yes, if you want to title it in your name although if they paid the taxes then you just have to get proof they paid the taxes.

You also have the option of hiring a lawyer and suing to clear the title to the mobile home and get it titled in your name. It is a declaratory judgment action and would almost certainly be less trouble than tracking everyone down. Usually the taxes on a sale of an older mobile home are fairly low but you still have to clear up the "chain of title" and that can be extremely difficult to do since, for example, if someone died that owned the home and never signed the paperwork then you have to track down each of their heirs.

The cost to do something like this can vary a lot and your best bet is to meet with a local attorney and see what they would charge to file the lawsuit. That will tell you whether it is worth pursuing that course of action or whether you need to go back to trying to track everyone down.