Legal Question in Real Estate Law in Florida

Re: mobile home purchase

No person should ever purchase any property without obtaining a title search and a title insurance policy from a licensed title agent. Judgements, liens and other things could attach to the property which you would be responsible for and the seller may not have legal title to the property you are trying to buy. Do yourself a favor, spend the money and don't purchase property without a good title insurance policy from a properly licensed agent.

Re: mobile home purchase

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No and yes. If you are only buying a mobile home, you do not need a title search. Titles to mobile homes are not recorded in the public records but rather with the State of Florida Department of Motor Vehicles. You may wish to request a search of their records for a history of ownership, however.

If you are buying the land on which the mobile home is located, however, you most certainly should get a title search. As a real estate attorney, I have found so many different types of problems that I will not represent anyone buying property without requiring a title search. If they choose not to buy title insurance, that is their choice, but it is relatively inexpensive for the protection it affords. Simply put, I myself, would never buy property without a title search and title insurance.

Scott R. Jay, Esq.