Posted by Soapymac on January 23, 1999 at 19:45:25:
" 1) Seller has title, but it needs to be signed off by previous owner who is now deceased. Widow is willing to do this.He has e-mailed but she has not responded."
Rhonda, I remember this part from my days as an insurance broker. IF (big word) the title is in the neame of her deceased husband, the only way she can sign off on that title is to be either the executrix of the man’s will, or it can be shown by either a will or a probate court order if he died intestate (without a will) that she is the beneficiary of that MH.
In any event, you should protect yourself in any one of three ways (the more you have, the better):
Your sales agreement should specifically provide that you receive good and clear title. (This should be a mandatory clause in your sales agreement anyway.)
Go to the titling authority (in MA that’s the Registry of Motor Vehicles), pose the situation to them, and ask them what you need to show them to prove that you have clear title.
Talk with your attorney and ask him what documents you need from the widow to show that she has the power to sign for her deceased husband.
If you want to contact me, take the word “nospam” out of my e-mail address.
After reading Lonnie’s success stories, I decided that maybe I should just take the plunge. I have followed this site for a year, looked in the paper and because of my lack of knowledge, procrastinated. Maybe I just need to get the first one under my belt. So here goes… I received a return call from a fellow wanting to sell a 1981 single wide trailer. 2 bdr/1 bath, fair condition at best. The bathtub needs replacing, all applicances work,w/d and frig stay. There is a storage shed. The park is older and needs road work. The man’s brother is currently in the trailer and is in the process of leaving. Here’s my dilemma:
1)Seller has title, but it needs to be signed off by previous owner who is now deceased. Widow is willing to do this.He has e-mailed but she has not responded 2)Seller has agreed to pay 98 taxes. Taxes run about $210.00 3)Sellers brother currently lives there, but must leave due to problems with management.Lot rent is $230.00 per month. 4)Where can I find a good purchase agreement? 5)And last do I just walk, or offer extremely low price with low earnest money, and hope I find a buyer before closing without putting money out of my pocket? I would appreciate any advise.