REPLEVIN ORDER ON SHERIFF SALE - Posted by Ben

Posted by Ben on February 07, 2002 at 06:10:45:

I blv you are correct. The title insurance will not cover this. I am not sure of the reason, but will find out and post.

Thanks for your input!

REPLEVIN ORDER ON SHERIFF SALE - Posted by Ben

Posted by Ben on February 06, 2002 at 06:43:11:

Has anyone had this happen?

One of our sales associates bought a 28 x 72 (or thereabouts) 1999 manufactures home (kingston, I blv) on 11 acres of land at the sheriff sale. The only participants in the bidding were our associate and the lawyer representing the interests of the foreclosing party.

The lawyer watched, but did not bid on the property. Our associate bid about $50K and won the bid. BTW, this property was appraissed by the sheriff at $130K. After the sale, the lawyer congratulated our associate on a great deal.

She, our associate, got 100% financing through a traditional lender. The deed, a special warranty deed indicated “the land and all tenements”. Now, after 5 months of living in the home she gets a replevin order to take the home off the foundation. This home is on a foundation with a basement.

Apparently, according to the lawyer who had issued the replevin order the sheriff had misunderstood the instructions of sale and was supposed to have sold the land, and the home seperately.

At this point we are checking with the title company for title insurance.

Has anyone had experience in this type of thing?"

Thank you for your help.

Ben Spofford

Re: REPLEVIN ORDER ON SHERIFF SALE - Posted by JT-IN

Posted by JT-IN on February 06, 2002 at 10:21:31:

Ben:

I would have your Atty review the “Order for Sale”, identifying what the Sheriff was selling.

As I am understanding what you are saying is, that the Plaintiff who brought the suit, is also the one now filing the replevin order? I suppose their stance is that the home was personal property, and not part of the real property. hmmmm. You may also want to check how the home was being taxes, as either personal property (vehicle), or on the tax duplicate as one parcel including the home. This info may be pertinent to your case.

With the verification of the above two items being correct, I would then have your Atty file a motion to set aside the Replevin, based upon the facts as stated. Your challenge to this order is the only hope to revive the sale, and all the assets that you thought you were buying. At the very least, it may open a dialouge up with the Plaintiff for a reasonable settlement.

Interesting case, and be certain to post the outcome, as the foreclosure process if of vital concern to my business.

Just the way that I view things…

JT-IN

Re: REPLEVIN ORDER ON SHERIFF SALE - Posted by dandrews

Posted by dandrews on February 06, 2002 at 13:39:36:

My understanding was once the mobile became permanently afixed to land it was realty and no longer personalty. On a basement sure sounds like realty to me. Most times banks could care less about the title once the home was on its own land. That’s the way it usually worked around here and I was a dealer for a few years.

David

Re: REPLEVIN ORDER ON SHERIFF SALE - Posted by Jacque - WA

Posted by Jacque - WA on February 06, 2002 at 11:44:14:

Hey JT,

Would this information not be within his title insurance policy on whether this mobile home has gone through title elimination and is now considered real property versus personal property?

Jacque - WA

Jacque

Re: REPLEVIN ORDER ON SHERIFF SALE - Posted by Ben

Posted by Ben on February 07, 2002 at 06:12:52:

That’s the way I understood it to be. Thanks for your help, I will keep this thread up to date.

Good Q ! - Posted by JT-IN

Posted by JT-IN on February 06, 2002 at 12:26:26:

Jacque:

One would think that this should be covered in the title insurance policy… but it could be either m, n or o…

You say, “what is m, n or o” ?? That is that fine print in the title policy that could give the insuring company some out on this, as an exception to including anything that is condsidered personal property. My guess is that the title insurance will not cover this, as there is NO dispute as to clearity of the title on the real property, only the issue of personal property.

I still think the answer is with making a motion to the court, attempting to uphold the terms of the “Court Ordered Sheriff Sale”.

Just the way that I view things…

JT-IN