My understanding in real estate is that any personal property left with real property is conveyed to the new owner if left there.
A: Personal property permanently affixed to the land is deemed the real property of the owner. Personal property left on the land by a former owner is generally considered abandoned. Personal property that has registered title is not automatically abandoned. A manufactured/mobile home
is a motor vehicle, and has a certificate of title
. It is not automatically abandoned to a new owner of real property. parked in the facility.
Why couldn't we close...Well the title company said that technically, they intended to sell the home plus the land. The manufactured home is titled like a vehicle through the DMV until retired as real estate. This is the reason the contract was canceled. The DMV still showed it as a vehicle and the title search indicated it was not deeded as real estate yet. Shouldn't PNC have cleared this before conveying the entire real property to HUD? Couldn't my claim be against PNC as well?.
A: What parties "should" do is frequently quite different from what they must do.
HUD's cancellation was unilateral -- you weren't asked to consent. You could sue for contract damages and claim that HUD breached the contract by not being seized of title to the property. Yes, you could sue HUD and PNC for negligent misrepresentation as part of the same legal action, but because your contract was with HUD, not PNC, it could be argued that PNC promised nothing to you, so it cannot be held liable for a misrepresentation, whether intentional, negligent or innocent.
So, the claim against PNC, in my view, is weaker than that which may apply to HUD.
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