[WSBAPT] Foreclosure purchase - titled mobile home on site
J Richard McEntee, Jr.
jrmcentee at gmail.com
Fri Sep 30 16:42:15 PDT 2016
I am concerned that the original lender may be listed as a lien holder on title to MH. Not sure how to remove them from the title. Is the appropriate position that they bid what was owed as opening bid at trustee sale and should now release any security interest in the MH? Are there any other arguments to be made?
Thanks again for all of the input?
Rich
RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com
> On Sep 30, 2016, at 2:57 PM, Mike Winslow <mike at winslegal.com> wrote:
>
> Agreed this is a mess. I would check with prior lender (who foreclosed) and find out if they had a separate security agreement.
> I had one of these where the title on mobile was in lender, with borrower as registered owner. The DOT was silent on the MH and there was no separate security agreement. We argued to borrower that we had a Security Interest based on DOT and they bought it, signed over title.
> Marcus has some good ideas and points.
>
> Don’t overlook the obvious get lucky approach, which is to ask the registered owner to sign a release of interest by telling them foreclosure is complete, so please sign the title over to new owner of the real estate.
>
> Michael A. Winslow
> 1204 Cleveland Ave.
> Mount Vernon, WA 98273
> Ph. 360-336-3321
> Em. Mike at winslegal.com <mailto:Mike at winslegal.com>
>
> This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
>
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
> Sent: Friday, September 30, 2016 2:21 PM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] Foreclosure purchase - titled mobile home on site
>
> What a disaster. Maybe the cert of title will give you a better picture of how the parties treated it as personal property, but I think you would need some sort of agreement to tie the MH to the note obligation even with if the lender is legal owner on the cert of title.
>
> Notwithstanding the foregoing, you obviously have leverage in the fact that your clients’ now own the underlying ground and generally the expense of moving the MH is usually substantial (if it is pre-1978, I believe you cannot even relocate it). I would suggest negotiating with the owner because you can evict him from the property and he would be forced to move the MH. You might even be able to effectuate a landlord’s lien with a judgment you obtained against the MH to give you the ability to foreclose on it. A long term lease (1 yr or more) at a reasonable rental value in exchange for him signing over title, is probably the best way to resolve the matter quickly and cheaply.
>
> Marcus J. Fry
> Lyon, Weigand & Gustafson, P.S.
>
> Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges. If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited. If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.
>
> From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of J Richard McEntee, Jr.
> Sent: Friday, September 30, 2016 1:17 PM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] Foreclosure purchase - titled mobile home on site
>
> The MH was mentioned in the Warranty Deed, but not in the Deed of Trust. Notice of trustee sale does not mention the MH in the legal description, but shows non payment of the MH taxes as one of the defaults for which foreclosure is made.
>
>
>
> RICH McENTEE
> McENTEE LAW OFFICE
> 3800 Bridgeport Way W, Ste A411
> University Place, WA 98466
> 253.227.9894(m)
> jrmcentee at gmail.com <mailto:jrmcentee at gmail.com>
>
>> On Sep 30, 2016, at 1:03 PM, Marcus Fry <mfry at lyon-law.com <mailto:mfry at lyon-law.com>> wrote:
>>
>> <>Often the manufactured home will be mentioned in the deed of trust as part of the property that the DOT is secured against. I would pull the DOT and take a look at it and then the notice of foreclosure and notice of trustee’s sale.
>>
>> Marcus J. Fry
>> Lyon, Weigand & Gustafson, P.S.
>> P.O. Box 1689
>> Yakima, Washington 98907
>> Telephone: (509) 248-7220
>> Facsimile: (509) 575-1883
>>
>> NOTICES:
>> Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges. If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited. If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.
>>
>> From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of J Richard McEntee, Jr.
>> Sent: Friday, September 30, 2016 12:51 PM
>> To: cole-gilday at stanwoodlaw.net <mailto:cole-gilday at stanwoodlaw.net>; WSBA Probate & Trust Listserv
>> Subject: Re: [WSBAPT] Foreclosure purchase - titled mobile home on site
>>
>> Not sure if a lien holder exists on title. We are attempting to locate the title. The registered owner is the person who also owned the land for which the non-judicial foreclosure occurred. He is living in the MH.
>>
>>
>> RICH McENTEE
>> McENTEE LAW OFFICE
>> 3800 Bridgeport Way W, Ste A411
>> University Place, WA 98466
>> 253.227.9894(m)
>> jrmcentee at gmail.com <mailto:jrmcentee at gmail.com>
>>
>>> On Sep 30, 2016, at 10:37 AM, Robert R. Cole <cole-gilday at stanwoodlaw.net <mailto:cole-gilday at stanwoodlaw.net>> wrote:
>>>
>>> Who are the registered and legal owners on the title of the mobile home?
>>> Very Truly Yours,
>>> Robert R. Cole
>>> Law Office of Cole & Gilday, P.C.
>>>
>>> 10101 - 270th St. NW
>>> P.O. Box 249
>>> Stanwood, WA 98292
>>> (360) 629-2900 (Telephone)
>>> (360) 629-0220 (Fax)
>>>
>>> This message contains confidential and privileged information that is intended only for the named recipient(s). Unless you are the named recipient or authorized agent thereof, you are prohibited from reading, copying, distributing or otherwise disseminating such information. If you receive this communication in error, please notify the sender immediately.
>>>
>>> On 9/30/2016 6:23 AM, Schmidt & Yee wrote:
>>>> I had to do a separate action to foreclose the security interest in the mobile home and have a sheriff sale of the mobile to get a sheriff’s bill of sale that had to be taken to DMV to get a new title issued in my client’s name as the successful bidder at sale. Maybe you could make a deal with the owner to sign title over in exchange for a rental agreement.
>>>> Pam Yee
>>>> Schmidt & Yee, PC
>>>>
>>>> From: J Richard McEntee, Jr.
>>>> Sent: Thursday, September 29, 2016 5:24 PM
>>>> To: WSBA Probate & Trust Listserv
>>>> Subject: [WSBAPT] Foreclosure purchase - titled mobile home on site
>>>>
>>>> Hello — I have a client that just purchased a property at a non judicial foreclosure sale. Initially, the client thought that she was purchasing land with a mobile home attached. It turns out that title was never eliminated from the mobile home. I am doing some early due diligence. I believe that the home and land were purchase together in 2007 and the seller was the same for land and mobile home. Both parcels are listed for the address at the assessor’s site.
>>>>
>>>> If there was no separate action taken to foreclose the lien on the mobile home title, is the mobile home still owned by the person who was foreclosed from the real estate? Would the original lien still be attached to the mobile home? or does the foreclosure of the real property preclude foreclosure of the lien on the mobile home?
>>>>
>>>> The former land owner and owner of the mobile home is still living in the home at the real property. He is interested in staying and paying rent.
>>>>
>>>> Any guidance would be appreciated.
>>>>
>>>> Thank you
>>>> Rich
>>>>
>>>>
>>>> RICH McENTEE
>>>> McENTEE LAW OFFICE
>>>> 3800 Bridgeport Way W, Ste A411
>>>> University Place, WA 98466
>>>> 253.227.9894(m)
>>>> jrmcentee at gmail.com <mailto:jrmcentee at gmail.com>
>>>>
>>>>
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