It is not uncommon for a mobile home park owner to be faced with a former tenant abandoning their mobile home on the park owner’s land. The landowner’s first option is to ascertain whether anyone holds a lien on the mobile home and to contact the lien holder and ask them to assume the lease with the mobile home park. If the lien holder agrees, the appropriate paperwork should be prepared by the lien holder, transferring title to the mobile home to the lien holder with the goal of selling the mobile home to a party acceptable to the landowner. If a lien holder does not care to repossess its collateral or cannot be discovered by the landowner, the landowner’s next consideration is whether it makes sense to obtain title to the mobile home. Often, once title is obtained the landowner can sell the mobile home to a third party for a nice profit.
In the event the landowner desires to obtain title to the mobile home, title may be obtained expediently through a tax sale related to unpaid property taxes. If obtaining title via a tax sale is not viable, the next step would be to order a title search from the State of Colorado Department of Motor Vehicles. Upon receipt of the search, the landowner should be able to determine if there is a lien on the mobile home. If there is a lien, it will need to be released or a bond may need to be posted with the State before the landowner can obtain clear title from the Department of Motor Vehicles.
Always attempt to contact both the registered owner of the mobile home as well as the last known residents of the mobile home before attempting to apply for title. If the owner cannot be contacted, you will need to provide the State with some or all of the following items before the State will issue you title to the mobile home: (i) a copy of a VIN inspection; (ii) a title search; (iii) lien release (if any); (iv) letters to owner(s) of the mobile home; (v) copy of Court order or judgment for possession obtained through a civil proceeding; (vi) proof of ownership of the real property on which the mobile home is located; (vii) proof of property taxes paid on the mobile home; (viii) an appraisal of the value of the mobile home; and (ix) surety bond.
Once you have what is required by the State, you should apply for title in the county where the mobile home is located. You should understand that any paperwork presented must be perfect. Local Motor Vehicle Department clerks will look for any reason possible to reject your application, as the clerks receive demerits if your paperwork is not deemed acceptable by the State after review.
As we have represented more than a dozen mobile home parks over the years, Lustigman & Wolfson has applied for numerous titles on behalf of its clients. With rejection rates reported as high as 90 percent, one should consider hiring an expert to assist with the title transferring process. You can call Lustigman & Wolfson, LLC at (303)322-9634.
Lustigman & Wolfson, LLC is a Colorado law firm serving clients in Denver, Adams County, Arvada, Thornton, Glendale, Cherry Creek, Lodo, Colorado Springs, El Paso County, Pueblo, Canon City, Fremont County, Arapahoe County, Aurora, Jefferson County, Clear Creek County, Centennial, Golden, Georgetown, Gilpin County, Westminster, Littleton, Broomfield, and Lakewood.
