Legal Question in Real Estate Law in West Virginia
Purchase a mobile home
I filed bankruptcy in 1995. In 2000 my mother-in-law purchased a double wide mobile home. Now I am stationed in WV and wish to purchase this home from her, but credit issues will not allow this. In order for the military to consider this my residence and relocate the home at their cost it must be mine. Is their any type of legal document we can obtain from my mother in law? We would like to purchase it from her direct, or something to that affect.
1 Answer from Attorneys
Re: Purchase a mobile home
Curious that you cite the old banruptcy as a factor unless you believe that it is a reason you have been denied for a loan. If a person owns property he or she can give it to anyone. A mobile home, in West Virginia, not affixed to land, is transferred by endorsing the paper title to the new owner. The same goes for transfer in connection with a sale. It may well be that the title is held by a lender and the lender will not release the title for a transfer. The lender may not want to accept a "novation" or substitution of one owner/borrower for another. It may be possible to give title or ownership with a bill of sale for a mobile home or a double wide, even if the DMV paper title has not been cancelled or surrendered to DMV. The bill of sale might transfer legal ownership, subject to any valid and perfected lien. Of course, such transfer may constitute an event of default, as defined in any loan documents, and permit any such lender to accelerate the loan payments or repo. This is risky business and any course of action must be preceded with full evaluation of the parties, the documents, the several points of law which can't be determined with the facts presented. In short, if she wants to give it to you or sell it to you and you have the means, it should be possible. You may have access to legal aid in your county or with your service. There is also a hot line operated by the State Bar Association. Good Luck