Full question:
We purchased a modular home 14 years ago and never received a title to it. Since this was the first modular we had ever bought, we did not know we had to have one and the Title Company and Real Estate that we used did not tell us. At the time, the previous owners were there and could have signed over the title but it was not done. Now we are trying to sell and found out we cannot sell it without the title which we don't have. According to Secretary of State it is still in the name of the previous owners who have since divorced and moved away and we have no way to find them. How can we acquire a title without it costing us a fortune. This whole mess was not our fault and we are the ones who have to pay for someone else mistake 14 years ago. What can we do to get the title?
- Category: Real Property
- Subcategory: Sales
- Date:
- State: Michigan
Answer:
A quiet title action is a legal method to determine ownership of property, including modular homes. In this type of action, you can ask the court to issue an order requiring the transfer of title or a new deed to be recorded. This is an equitable remedy, meaning it aims to resolve issues where monetary compensation is insufficient.
To obtain a preliminary injunction, you must show: (1) a strong likelihood of success on your claim; (2) that you would suffer irreparable harm without the injunction; (3) that the injunction wouldn’t cause substantial harm to others; and (4) that the public interest would be served by issuing the injunction.
The court will decide the title issue based on the facts of your case. I recommend contacting a local attorney who can review your situation and help you navigate this process.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.