Posted on: 11th Oct, 2009 02:17 pm
Hi, we own 2 1/2 acres of land and have the deed. It is free and clear on it (no liens). Well a year later we purchased a manufactured home (permanent foundation) and placed it on the land which we own. We still owe on the home.
All we have is the mortgage papers on the home. No title on the home or new deed, nothing.
We want to seperate part of the 2 1/2 acres to give to our son.
My question is their a lien on the land since we have no new deed stating their is? Shouldn't their be a record of it at the clerks office if they did put a lien against our land? Shouldnt we have received a new deed if they did since the home is on the land and we since we still owe on the home?
On the mortgage paper it makes reference to the home being permanently afixed to the land. But does that mean their is a lien on the land? If their is shouldn't their be a record at the clerks office?
What are the things that I should ask for at the clerks office to find out if their is a lien on the land?
I don't want to seperate the land and then later find out I had no right to.....it's all very confusing to us.
All we have is the mortgage papers on the home. No title on the home or new deed, nothing.
We want to seperate part of the 2 1/2 acres to give to our son.
My question is their a lien on the land since we have no new deed stating their is? Shouldn't their be a record of it at the clerks office if they did put a lien against our land? Shouldnt we have received a new deed if they did since the home is on the land and we since we still owe on the home?
On the mortgage paper it makes reference to the home being permanently afixed to the land. But does that mean their is a lien on the land? If their is shouldn't their be a record at the clerks office?
What are the things that I should ask for at the clerks office to find out if their is a lien on the land?
I don't want to seperate the land and then later find out I had no right to.....it's all very confusing to us.
Hi Guest,
I suppose you've taken a loan on the manufactured home and not on the land. In that case, your land is still free and clear. It is your manufactured home which will have a lien on it. As far as the land deed is concerned, you can get a copy of it from the county recorder's office. Though your home is permanently fixed upon the land, it does not mean that you have taken a loan using the land as a collateral. You can go for a title search in order to know whether or not you have a lien on the land.
Thanks
I suppose you've taken a loan on the manufactured home and not on the land. In that case, your land is still free and clear. It is your manufactured home which will have a lien on it. As far as the land deed is concerned, you can get a copy of it from the county recorder's office. Though your home is permanently fixed upon the land, it does not mean that you have taken a loan using the land as a collateral. You can go for a title search in order to know whether or not you have a lien on the land.
Thanks