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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31597
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was given a title to a mobile home at closing that was not

Customer Question

i was given a title to a mobile home at closing that was not correct in the state of indiana what are my rights?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Roger replied 9 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

What is wrong with the title?

Customer: replied 9 months ago.
apparently the title was never transferred ten years ago with the state to the new owners name back then he just never did the paperwork so his name was not on the title that the real estate agent gave us at closing but his name has been on the taxes and utility bills for ten years. my husband went to file the title for our name today and it is not acceptable the way it was given to us . the mobile home was purchased on july 29th and our bank check to the seller has been cashed. what are my rights?
Expert:  Roger replied 9 months ago.

Thanks. Generally, you can apply for a lost title with the state and have a new certificate issued to you based on the proof that you have -- being a bill of sale, affidavit, etc. to prove the transaction.

Customer: replied 9 months ago.
i don't have an affidavit only a bill of sale but the sellers name is ***** ***** the name on the title. that is the issue
Expert:  Roger replied 9 months ago.

I understand that......but your seller can issue an affidavit stating that he purchased the property from the last title owner, etc., and you can use that for your application.

The only other thing would be to sue the seller for breaching the warranties of the sale, and ask the court to compel the seller to get the title corrected and changed so your title is good. This is a more expensive process, but it can get it done as well.