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transferring title with lien

Posted on 6/20/17 at 9:24 pm
Posted by Rust Cohle
Baton rouge
Member since Mar 2014
1937 posts
Posted on 6/20/17 at 9:24 pm
How do two parties best transfer a title with a lien?

This is for a mobile home.

The selling party still owes money on trailer, but is selling.
how does the buyer pay off the lien without the risk of the seller taking the money, and retaining the title?

Im not sure this can be done at a notary, but I've read about title companies that offer an escrow service that plays the middle man and ensures that both parties conditions are satisfied
Posted by Neauxla_Tiger
Member since Feb 2015
1870 posts
Posted on 6/20/17 at 9:29 pm to
quote:

title companies that offer an escrow service that plays the middle man and ensures that both parties conditions are satisfied


Best/safest option.

You could also do a sale with an assumption, where you just assume the debtors role on the outstanding loan and keep paying it off as the terms dictate. The creditor needs to sign off on it though I think, not 100%
Posted by Fat Harry
70115
Member since Mar 2005
2212 posts
Posted on 6/21/17 at 8:33 am to
You will typically need your mortgagee / lender's written consent to transfer. Otherwise, there is normally a due-on-sale clause that accelerates the loan. Another negative to this structure is that the seller will typically still be on the hook for payment if the buyer defaults.
Posted by Swampman
North La.
Member since Feb 2016
238 posts
Posted on 6/22/17 at 12:39 pm to
Need to make sure they don't owe more than being sold for or the bank will not release it. Next make cashiers check or money order out directly to the bank. If seller has any left over the bank will give it to them.
Posted by LPTReb
Member since Jul 2016
467 posts
Posted on 6/23/17 at 5:12 am to
Is it a mobile home only, or a mobile home affixed to land?

If no land is involved, you have the bank give a payoff letter. You then cut separate checks to the bank (for the payoff) and the seller (for the difference). You have the seller sign a bill of sale and a power of attorney to transfer title (should be one on state's DMV website). Send copies of those to the bank, along with the payoff and a letter requesting that the title be sent directly to your address. Once you receive them, you can take the BOS and POA with the title and file for a new title in your name.

If land is involved, have an attorney handle the transfer. If the mobile home has been certified as affixed to the property, there probably won't be a title.
Posted by Rust Cohle
Baton rouge
Member since Mar 2014
1937 posts
Posted on 6/23/17 at 8:02 pm to
Wow you hit the nail on the head! This is exactly what I learned is best, and the lien holder will do exactly as you said and release the title to me.
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