How can I remove a co-signer from the title and contract to my mobile homeif they abandoned it without any warning or notice?

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How can I remove a co-signer from the title and contract to my mobile homeif they abandoned it without any warning or notice?

I purchased a mobile home 11 years ago and used money I invested in a stock program for the down payment. My ex-fiance was a co-signer but did not contribute to any of the down payment. She made a verbal agreement with me to help pay the mortgage. She only lasted 1 year in the home without contributing and abandoned her dogs and took the furnishings without any warning. It has been 12 years and I’ve not seen or heard from her since. I have tried to get her to sign off her name with a quitclaim deed but she has ignored my requests. How can I remove her from the title and contract for abandonment?

Asked on September 23, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First, is your mobile home attached to a permanent concrete foundation on the property which it sits? Or, is it sitting on a form of supports where it can be easily removed from the property where it is located?

The answer to the above questions determines how the ultimate change of title will be taken care of. If the mobile home is easily removed from the property where it is located and title is registered with California's Department of Motor Vehicles (in California mobile homes are registered with its department of motor vehicles) ultimately title change will have to go through that entity.

If title of mobile home is through an assessor parcel number where the mobile home is deemed a fixture to the property which it sits upon (attached to the land), title change will need to be done through recording a document with the county recorder's office where the real property is located.

If your fiance' breached an agreement with you concerning the mobile home and you have no idea where she is and you want her name off title to it, you will need to file a lawsuit against her for breach of contract, common counts, quiet title and perhaps other causes of action seeking a declaration that you are the sole owner of the mobile home.

You will probably have to file a petition to serve her via publication and if granted, you will end up taking her default where you will attend a prove up hearing to get the relief you desire.

At the hearing, a judgment will be entered. You will then need to take a certified copy of the judgment to either California's Department of Motor Vehicles or the county recorder's office for title change into your name as to the mobile home.

I sugget you retain an attorney to assist you.

Good luck. 

 


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