Legal Question in Real Estate Law in South Dakota

We bought a fabricated mobile home a few years back CFD. Now we find out that there is a mortgage company that has a lien against our home. We did not know this at the time of the purchase I have looked over all the papers and nothing is mentioned about a mortgage company having a lien against this home. Had we known that in the first place we never would of bought it. Now the guy that we bought the home from CFD is just being nasty and I am just sick of it. Is there anything we can do since we did not know about the lien at the time of purchase???

HELP and Thank You

Susan Olson


Asked on 7/13/10, 6:51 pm

1 Answer from Attorneys
Jim Craig Craig Law Office

When you buy property on a contract for deed, seller does not have to provide clear title to the property until you have completed making all of the payments on it.

If you have done so and he refuses to provide a clean title to the property, you have a right to sue him for breach of contract, assuming the contract said he would give you a warranty deed or clean title to it. .

The SD State Bar's Lawyer Referral Program can give you contact information for an attorney in your area. Call 1888 952 2333

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Answered on 7/14/10, 8:46 am


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