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Real Estate NIGHTMARE! - manufactured homes, AR DMV

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  • Real Estate NIGHTMARE! - manufactured homes, AR DMV

    I live in Arkansas, county of Sebastian. I have lived in this home for about 10 yrs. I have recently looked into replacing this home, but as manufactured homes are sometimes treated as vehicles in AR, I am finding it difficult to obtain a title to sell this home. My only speculation is the title was never transferred from the original owner, although it has had several loans against it in the past, including the one to purchase the home by itself to set on the property. This is the worst land/home deal I've ever been in. Below I have included the letter I have sent to the AR DMV in hopes to obtain a title for this home.

    R. Bradley

    The mobile home, a 1985 Castle Princess II VIN# CCA8567639066 16x83, 3 bedroom, 2 bath, was originally purchased by Robert F Bradley (05-12-1970 SSN# 454790049) in October 1999 from Kenneth & Lisa Horn via private owner finance agreement.
    In June of 2000 the agreement was redrawn by an attorney, Bill Walters of Walters Law Firm, Greenwood, AR, notarized and filed with the county of Sebastian as a Quit Claim Warranty Deed (see enclosed document) which included the home along with the land (see enclosed copy of Contract for the Sale of Real Property) at which time Robert assumed the mortgage for the land and home from Kenneth and Lisa Horn in the amount of $20,369.89. The title to the mobile was being held by Mansfield Bank at the time of this transaction and was retained by them.
    Sometime in late 2000/early 2001 Mr. Horn defaulted on a note for a piece of adjacent land and a separate home held by Conseco Finance Company and subsequently filed bankruptcy. Conseco in turn attempted to foreclose and were advised they did not have first mortgage on the property purchased by Mr. Bradley and that the land description on file at Conseco for Mr. Horn's property was erroneous and included not only Mr. Horn's land and home but also the land purchased from Mr. Horn by Robert Bradley. In 2001 Mr. Horn and Mr. Bradley retained the services of a lawyer and appeared in Sebastian County Circuit Court and Robert Bradley was found to be the true and rightful owner of the property in dispute and the Quit Claim Deed was honored.
    Mansifeld Bank failed to notify Mr. Bradley that Conseco had purchased the mortgage. Due to a clerical error Conseco believed the property, home and land, purchased by Mr. Bradley, was part of Mr. Horn's security for his mortgage on his remaining home and property. Approximately 6 months after the note was purchased by Conseco Mr. Bradley was notified by William M Ferguson of Fidelity National Title Insurance Company 1945 Walnut Hill Lane Irving, TX 75038 Claim# 91108 that all subsequent payments on home and property should be made out to Fidelity National and sent to Mr. Ferguson at the above named address. Still at this time Mr. Bradley was never given a copy of the titel to the mobile home.
    In 2004 Mr. Bradley requested a pay-off amount on the mortgage and a copy of the title neither of which was provided although payments continued to be made via certified mail with signature verication requested and delivery confirmation. The request for these two items continued with no response until Mr. Bradley was advised that Conseco had filed bankruptcy and none of his paperwork could be located.
    In 2006 Fidelity sent a Release of Mortgage to Mr. Bradley (included document, notice it is dated 2004 although the letter is dated 2006) absolving their interest in the home and land due to inability to provide documentation supporting their said interest and per Ramona Perry they were unable to locate the title.
    At this time Robert Bradley is trying to obtain a title to the home or other legal documentation that will allow him to legally sell the mobile home described above and in the enclosed documents.
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