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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 31726
Experience:  16 years of legal experience including real estate law.
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I have a complicated matter. I currently have the title in

Customer Question

I have a complicated matter. I currently have the title in my name to a mobile home. I put the title in my name under the pretense that until a balance of monies owed was paid off I would retain the title. The verbal agreement was that several small payments would be made each month until the balance owed was satisfied. That was six months ago. Despite my numerous requests for payment, broken promises have been made about sending money, how much money was being sent, etc. Only one payment of $100 was received two months after the original agreement. My requests for payments are still ignored. Since there is still a balance owed and he is not making good on our original verbal agreement terms, do I have the right to negate the verbal agreement despite his now promise (yet again) to pay? There is also a tenant living in the home that has informed me that he is rent to own on a property that the person he is buying it from does not have the title...I do.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Tina replied 11 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What do you wish to achieve at this point? Is the tenant paying the other individual rent? If so, why have you permitted that when you are the owner?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 11 months ago.
Relist: I still need help.
Expert:  Tina replied 11 months ago.
Hello again, Jennifer. I was attempting to get additional information from you, specifically:


What do you wish to achieve at this point? Is the tenant paying the other individual rent? If so, why have you permitted that when you are the owner?

Customer: replied 11 months ago.

The tenant is paying rent to the other individual because he was doing so before the title got put in my name. The person collecting the rent is my ex husband. The title ended up in my name to protect him from losing the house for monies owed. He and I verbally agreed he would make several small monthly payments to me until the balance was satisfied. Once that occurred I would give him the title. Other than one small payment he has not paid as agreed. Ultimately, I would like to sell the house to the tenant for the monies owed to me and be done with it all. Am I within my rights to do that since he didn't uphold his original verbal agreement with me?

Expert:  Tina replied 11 months ago.
Hello again Jennifer. Does your divorce decree with your ex indicate who is to receive title to the mobile home?
Customer: replied 11 months ago.

It was not part of a divorce. We have been divorced for many years. My mother and my ex had a verbal agreement about this mobile home. My ex did not honor his arrangement with my mother and she was going to keep the mobile home from him. I stepped in to try to help him and ensure her payment. Therefore, they both agreed for me to put it in my name so that I was a neutral party holding the title. This allowed for her to ensure she received the monies he owed her and he was assured that she wouldn't keep the house from him. Now he has gone back on my verbal agreement with him and not done payments as we discussed. I don't want this house. I want the monies owed to my mom to be paid and be done with it. The tenant believes he is buying the home from my ex who has been taking money from this man towards the purchase (which I just recently found out) and yet my ex knows he doesn't even own the house. It has been six months and I do not want to deal with this anymore. Can I just sell it to the tenant for the monies owed to my mother?

Expert:  Tina replied 11 months ago.
I see. Thank you for clarifying that for me.

Since there is only a verbal agreement and the title is in your name, you would typically be able to sell the home to pay off the debt owed and then pay the balance to your ex since that would honor the agreement you had with him.

He could file a petition seeking to enjoin you from selling the property, arguing that you had a verbal agreement, but since the title is in your name, there would typically be no reason you could not sell the property to whomever you choose to pay off the debt. That appears to be consistent with your verbal arrangement since the home was to secure payment from your ex and since he has not paid you, you could sell the home to pay off the debt typically.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 11 months ago.

One last clarification please......since my ex verbally agreed to allow me to put the title in my name with the understanding that to obtain the title back from me he needed to pay off the monies owed in a reasonable amount of time making several small monthly payments and he has failed to do so, I basically can go ahead and sell the property since I own it. There would be no monies owed to my ex and honestly, I would sell it to the tenant for the exact amount owed in the first place so I would make no money on the transaction and there would be nothing left to pay my ex. I should be within my rights to do so since I have given him six months to pay and every opportunity to do so and he has not done it?


 


Thank you for this last clarification then I am done.

Expert:  Tina replied 11 months ago.
Hello again, Jennifer.

There is nothing preventing you from doing that since the title is in your name, correct.

All the best to you!
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 31726
Experience: 16 years of legal experience including real estate law.
Tina and 11 other Real Estate Law Specialists are ready to help you
Expert:  Tina replied 11 months ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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