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 or trespass to try title action is the method of determining title to lands, including the boundaries of that land. In a quiet title action, it is possible to ask the court to issue an injunction to force another to do or refrain from doing an act, such as issuing a transfer of title or new deed to be recorded in the recorder's office. An injunction is an equitable remedy that the court may order when money damages will be inadequate to remedy the harm suffered.
Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages. To issue a preliminary injunction, the courts typically require proof that (1) the movant has a ‘strong’ likelihood of success on the merits; (2) the movant would otherwise suffer irreparable injury; (3) the issuance of a preliminary injunction wouldn't cause substantial harm to others; and (4) the public interest would be served by issuance of a preliminary injunction.
The resolution of the title will be a matter for the court to determine, based on all the facts and circumstances in the case. I suggest you contact a local attorney who can review all the facts and documents involved.
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.
