Buying Land Under An Abandoned Mobile Home
here is a situation we stumbled upon recently...
We found a city lot in small town nearby that is for sale and are interested in purchasing it. Upon examination, we found that there is an empty doublewide mobile home on this property. Through our research at the local tax office, financial institution, multiple Realtors, and the Internet, we have found that the previous owner of the home died (apparently in 2002), the lender sold the estate to a wholesaler who we are unable to locate thus far, and none of the paperwork has changed names since the previous owner passed on. Also, the tax records show that the city taxes have not been paid since 2002.
My question may be multi-part. The bottom line is how does one acquire such property if the owner "vanished"? My initial thought was to buy the land under the home and, through due process, foreclose on the home. Is this possible? Is there a better way, such as bringing the taxes current? I looked up the serial number on the HUD website and it is still in the name of the deceased, so whomever purchased the property from the lender hasn't changed that either. Assuming he has a bill of sale from the lender, and is still alive, is that enough to prove ownership?
The home is vacant and has apparently been so for quite some time as the tax appraisal for 2004 has a note that the property appears abandoned.
Does anyone have any advice on this? :-?
So the MH is the only variable here? The lot is for sale by somebody that you can find? The MH is a separate tax parcel from the lot, and still has a separate title?
As far as the MH, ask the county tax people about taking the MH by paying the taxes. It's probably not that simple, but they will tell you what they can and will or can't /won't do. You say you have not had luck locating the wholesaler - try hiring somebody to find them?
I wouldn't let the MH hold me up from buying the prop - you could place a lien against the home with the DOL/DMV, and take the appropriate action to hold a "landlord lien" sale, and if no one buys, then you own the home. Check with a local RE atty (or better yet, someone who represents MH parks) for the specifics of how-to. In fact, when the "real" owner is found, you could charge them reasonable storage fees - and if they don't pay, then you can lien against the MH.
Now, I suppose the real question is . . . do you want the DW? Or do you just want it gone? This could change how you approach this.
Esentially, I would like to acquire the mobile home also, but if it had to be moved at someone elses expense I wouldn't oppose that. It is currently separate tax parcel from the land. The only reason I'm the least bit leary of buying the land is that I don't want to sit on it for an extended period of time before something else can be worked out.
The setting on the land is up to you. From what I can find out about that area it should not be a problem. I assume your prices are way under market for dirt in that area.
Start your ownership search. If you find that it is impossible there are other ways to go. If, this is as rural as it looks. Adverse Possession raises an evil hand. etc. etc. What are the ownership that touch on the property. We have a goody in the courts here. Seems that a nice man up and disappeared. From his habits I assume he has been reduced to dust out in the desert. The nice man residing in the worlds worst A frame next door has paid the taxes now for over 4 years. Seems he put a small country road across the property and has paid the taxes to color his claim of Adverse Possession. He has a slime ball for a son who is also an attorney. Passed the bar after five attempts. I really think it was his girl friend on the last occasion with a painted on mustache and extensive notes written on the inner jacket of her suit. Ah the ways of the world. In any case he goes forward with an action some time during the next three years.
Fun to watch.
Cheers Luicus
8-) 8-) 8-)
I'm not sure if/how this applies is other states, but in NM, if the wheels are off the mobile home and the proper forms are filed with whatever-govt-entity-needs-it, then the mobile home is considered real estate, and as such, can be sold as an integral part of the transaction, just as a site-built SFR. If the paperwork hasn't been filed, then it's considered personal property and it treated differently (getting duplicate title, sign quit claim, etc.).
If this applies where you are, then you may want to see if the MH has been "converted" from personal property before you start going to all the other steps to secure it.
Best of luck. i'll be watching this, as I have the same situation that I am trying to resolve!