What are our rights in an owner financed purchase of a mobile home?

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What are our rights in an owner financed purchase of a mobile home?

We purchased a mobile home from a guy who is carrying us on the payments. We did not get a home inspector because we could not afford one and we needed a place to live in a hurry. When we spoke to him, he said he had recently fixed the roof (but it leaks in many places). He also said that said he had the a/c fixed but it broke after 3 months. In addition, when we asked for the number to the company that fixed it and he said that he would call us with it but hasn’t. During that same conversation, he said there was mold in the closet from the leak in the roof, which we weren’t told about up front. Now, I have applied for assistance with the City for help in fixing the A/C. They asked for a copy of the title showing our ownership. We specified at ‘”closing” that we wanted the title in our name and listing the previous owner as lienholder. I went to get copies at the MVD, and the transfer of title never took place. What are our rights in regards to the sale of the home itself? (I know the lease with the park is a separate issue).

Asked on May 20, 2011 under Real Estate Law, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to do a few things. If the title never changed hands, there is an issue. If there are non disclosed items, there are issues. You should file a complaint with your state banking department, because he actually may be required to have a license as a mortgage lender to have given you that seller backed loan. Then, file a complaint with the state attorney general because the proper disclosures (regarding health hazards) were not given and there appears to be fraud in the sale because it appears you really didn't get a mortgage loan but rather gave someone a mortgage or money without title.  Contact a legal aid attorney if you qualify for legal aid because that non profit agency may need to help you sue this person for fraud, money laundering and theft.


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