What do I do about this fiasco?

I bought a mobile home Monday from a lady. We went to court house today to transfer title over to me. She had just bought it from someone else who said he had put it into her name, but she hadn't received a title yet. They looked it up in the computer and after extensive research, it turns out that the people the person I bought the trailer from had bought the trailer from had never owned the trailer either. The trailer is still titled in the name of the people they claim to have purchase the trailer from. The person the trailer is legally titled to may in fact be deceased.

So, I have spent $4k for the trailer, and $265 for deposit on the lot the trailer is sitting on in the mobile home park. The people I paid the deposit to is the same people who 'sold' the trailer to the lady I 'bought' the trailer from. So, I am out $4,265 and own nothing.

The lady I 'bought' the trailer from is going to talk to the people who 'sold' her the trailer on Monday thinking they will fix it, but I am having less and less confidence this can be cleared up easily. The lady snickered as we were leaving the court house and was like 'you sure you need a title' and I was like "yeah, it's kind of legal."

I cannot even talk to anyone about it until Monday, because everything is closed for the weekend. It will definitely be a long weekend.

What should I do about this? I am getting really upset. I am trying to stay calm for now.

Go to small claims court.

Go to the courthouse, and file a complaint in small claims court.

Go to court with any and all documents that you have that support your claim.

I was going to recomend getting a lawyer.

My husband is currently suing somebody who owes him over $10,000.

We went to file papers in Mississippi and were told that if the amount is over $3,500 we would have to get an attorney.

This lawsuit is getting expensive since we have had lawyers tell us it will cost us anywhere from $1,200 to $1,800.

Best of luck to you.

The lot owner/manager is the same one who 'sold' the trailer to this woman. I talked to her on the phone, requesting a refund since she didn't really own the trailer. She called the lot manager and he insisted that I own the trailer. She said that she already cashed the check and spent the money on bills since she went on good faith that I was buying the trailer. I replied that I bought the trailer with the understanding that she owned the trailer.

The lot owner/manager did not legally own the trailer, either.

So, she is refusing to refund my money. The lot owner/manager is wanting to hold me to the lease I signed when I thought I was buying the mobile home, which would stick me with paying him $265/month. I cannot afford to pay him for a place I don't own like that. I have a one bedroom apt that I need to keep rent on now that I don't have anywhere else to move to.

My dad wants me to talk to the commonwealth attorney Monday morning about it.

I'm going to be talking to a lawyer asap.

I feel ill.

I lost my job, and this was going to let me have a place to live until I got on my feet. I just get c/s and alimony right now. And after I got it fixed up, I was planning to sell it and make a little money on it. Mobile homes sell really well around here. Now my money is gone. I don't know what I'm going to do. Businesses are closing down all over around here and I've been unemployed for months. I'm trying to stay calm, but I'm so worried right now I feel like I could get sick.

Why sell something you don't legally own?? This is ridiculous. And I don't legally own this place. The courthouse lady sat there and told the woman that she didn't own the place, yet she insists she does. And I found out the trailer is 8/9 years older than what they claimed it to be when they sold it to me.

[edit on 8/7/2009 by Jessicamsa]

You have a case. I'd still go through the court system.

The person who was selling this to you has committed fraud.

I went by the bank today and got a photocopy of the cashed check. I tried to get a copy of the deposit check too, but they didn't show it as cleared yet. So, I asked if I could put a stop payment on that one. I filled out the paperwork for that. However, it was explained to me that it takes 24 hours for it to go through, and that if the check was presented before the 24 hours was up, then the check would still go through. Hopefully, they won't cash it yet. That would be nice if I could limit my losses a little bit for now anyway.

I also managed to get the woman who 'sold' me the trailer to sign a Bill of Sale stating she was selling me a 1987/88 mobile home on the specific lot number. She signed it happily. Thing is, she not only doesn't own it, but the woman at the courthouse said it was a 1979 trailer. The woman had told me it was 87 or 88 model, but that she wasn't for sure. I was not concerned about that, but I wouldn't have bought it if I'd known it was a '79 model. I also wouldn't have bought it had I known the woman didn't really own the trailer.

I will be going first thing Monday morning with all the paperwork/evidence I have to the district attorney's office to file an official complaint, and hopefully charges too. Then I'll need to talk to a lawyer to see what I can do to get my money back, if I can. The woman spent the money really fast.


[edit on 8/8/2009 by Jessicamsa]

Well, I went by the county attorney and filled paperwork. I was told I'd receive a letter in the mail letting me know whether or not he'll prosecute. If he doesn't prosecute then I'll have to file a civil suit. If he does prosecute, the money recovery will be part of the case. So I'll have to wait until I get the letter to know how to proceed.

I also went by the police station to try and file a police report and they said it was a civil matter. They didn't let me file a police report.

Originally posted by elevatedone
Go to small claims court.

Go to the courthouse, and file a complaint in small claims court.

Go to court with any and all documents that you have that support your claim.

The county attorney said it was a civil matter because the woman didn't realize the trailer wasn't hers when she sold it to me, and that I needed to hire a lawyer and sue to get my money back.

I found an attorney and paid the retainer. He is going to be filing civil suit on Monday. He also does not understand how it is not a criminal case and is going to speak with the commonwealth attorney himself to see about getting charges placed against this woman. He is also going to be requesting attorney's fees in the civil case. (Small claims cut off at $1300 here.)

I talked to the clerk at the tax office and found out that how they decide who pays property taxes on mobile homes here is that the mobile home park manager sends in a list of who pays rent on which lot and whomever is paying the lot rent gets billed for the taxes. They do not care who legally owns the mobile home.

Looks like you're on your way here.

Stay with it, don't be taken advantage of.


Good Luck

Okay, it's been a long time. So far it hasn't even gone to trial.

The woman who stole my money has hired an attorney and is fighting giving me the money back.

In November 2009 she finally paid courthouse for her title to the place. Her attorney apparently had her do this. She wasn't going to get a title for it.

The woman who 'sold' it to her when she didn't own it is on the defense now too as a witness for the one she helped rip me off (she had vouched for everything the woman told me). She is a clout person around here in small town and owns a lot of property in this county. My attorney seems nervous now. Both women are lying about the whole thing.

Their attorney informed my attorney this month that they went ahead and resold the trailer for $3500. They are trying to deduct the amount of lot rent for all these months from the $3500 and give me what's left over (which wouldn't be much of anything). My attorney suspects that she might have 'sold' it back to the one who 'sold' it to her (which is the same park manager/owner who is a witness for the defense, and a friend of who scammed me) and that it's part of the scam.

So, it's been several months and their attorney is dragging it out, trying to make me wear out and go away.

Jessica..hang in there...
It sounds like you are taking all the right steps.
Iam going to point it out though for anyone else reading this thread...
Before purchasing anything from anyone, get proof of the ownership.
It's amazing how many get away with doing what happened to you because we believe people to be honest.

Going through an Escrow Company for a few $100 dollars would have been the way to go. But that doesn't help you now.
Good luck & hang in there.

The judge sided with them.

The woman who stole my money had her sister sign an affadavit saying I knew the circumstances and was okay with it. The owner of the trailer park did the same thing. It was me against three people.

This was just a hearing for summary judgment. It has to go to full blown jury trial. My lawyer thinks that they could end up winning because she has witnesses and it's my word against theirs. The owner of the trailer park owns a lot of property in this county and is well respected by the community.

So, it did not go well at all.

I'll be so glad when I moved out of this town. I hate it here.

So far I'm out over $5200.

Well,it sounds to me from following your posting,it is the woman you have issue with not the original owners of the unit.

She failed to file papers with the courthouse showing transfer of title to her.

That was her responsibility.

Very painful experience I am sure.

For your future reference,a house trailer is a vehicle.

There is on one end a plate that shows when it was manufactured and also a serial number.

This is required by law and can not be removed.

They are usually where the towing hitch is located.

Question for anyone out there....could Jessicamsa go to court instead to get property owed her but not given to her (instead of trying to get money returned) ?

What a mess! I can be too not trusting often, so I smell a scam. Home owner dies, park owner "sells" home to an accomplice who in turns "sells" it knowingly without transfer of title.

Anything that can be legally titled, here in CA from a dirt bike to a house, should only be bought after a "title search". Without a title search, a person could end up, for example, buying a stolen atv or vehicle.

Or in the case of land or house, ending up without title to the property, paying off someone else's lien on the property, or finding the property tied up in a court action, such as probate. While a title search is conducted (for real estate, for ex), money is held in an escrow account and not disbursed until title is transferred.

I feel badly for Jessicamsa for what happened.