Fannie Mae claiming property with no title

[Carl68]

What is the name of your state (only U.S. law)? South Carolina
I am looking for help with Fannie Mae. Our mobile home is in our sister in laws name and SC Legal services will not help. We have had the mortgage on our residence for over 18 yrs. The title seems to never have been transferred properly to First Star, Countrywide, nor Fannie Mae. The 1.0 acres of land did. My wife and I did not find out the home title had two liens against it until this year, 2017. We requested a copy of the title from every company so we could get taxes put in our name, no one could produce it. Just that a dwelling was included in the mortgage. The original signing was a contract to buy, but the home never got transferred.
We now have been served with papers to proceed with a foreclosure and Fannie Mae wants to take the home that they have no title to. They did not have any info on the home until we sent them a copy of the tax receipt in my sister in laws name.
I don't know what to file to slow the process until I can afford an attorney during tax season. Any advice???

 

[adjusterjack]

Our mobile home is in our sister in laws name

Then it's not YOUR mobile home. It's your SIL's mobile home. You do understand that, don't you?

Why is YOUR mobile home in your SIL's name?

We requested a copy of the title from every company so we could get taxes put in our name, no one could produce it.

Well, since it is in your SIL's name it would make sense for her to be able to get a duplicate title, right?

Have her do that.

 

[Carl68]

Title for home

Yes we r in the process of getting the title with her name on it, but highway department will not release because of two leans on the title from companies that no longer exist and lean is satisfied.So forms have been file to clean all this up. Just waiting on title to come back. In the meantime I am dealing with foreclosue papers.

The title never got transfered. I believe the leins had something to do with the transfer. I do not know, just starting to dig.

 

[adjusterjack]

What is the foreclosure for?

Is it for your land that you haven't made payments on?

Or were you buying the land and the mobile home from the same person?

When you got served with the foreclosure papers through the court? What did the foreclosure complaint say? In other words why the foreclosure? Did the complaint specify what was being foreclosed?

Here is some information about South Carolina foreclosure.

http://www.foreclosurelaw.org/South_Carolina_Foreclosure_Law.htm

Sorry, but if you can't be a LOT clearer on what's happening you may be wasting your time here.

 

[Carl68]

Fannie Mae

Non payment for property is what the papers read. 1.0 acre of land. They are trying to claim mobile home. I stated this in the first thread. The home and land were suppose to be a package deal, but both did not transfer to the contract for sale. We bought the land and home from the same person in 2001.

 

[adjusterjack]

Non payment for property is what the papers read. 1.0 acre of land. They are trying to claim mobile home. I stated this in the first thread.

Yeah, I saw that, but it doesn't help without knowing what the complaint says, word for word.

The home and land were suppose to be a package deal, but both did not transfer to the contract for sale. We bought the land and home from the same person in 2001.

Let's approach this another way.

When you borrowed the money was it enough to cover the purchase price of the land and the mobile home when added to your own down payment?

 

[latigo]

Non payment for property is what the papers read. 1.0 acre of land. They are trying to claim mobile home. I stated this in the first thread. The home and land were suppose to be a package deal, but both did not transfer to the contract for sale. We bought the land and home from the same person in 2001.

Pardon me for saying, so, but your posts are so confusing and you choice of words so conflicting with one another that is impossible to know what is the status of the liens or their nature or how, when and who created them or what they pertain to.

First you write that your "sister-in-law" owns the mobile home. Then you say that you bought "the land and home" from the same person in 2001". If you didn't buy both the land and the mobile home from your "sister-in-law" then who the dickens did you buy them from?

Then you tell us that you have had a "mortgage" on your "residence" for "18-years" which disconcertingly happens to obviously be is one year before you bought either land or the land and the mobile! And if you know that you've had a mortgage for any appreciable length of time why to do tell us that you knew nothing of the "two liens against it until this year, 2017"?

And this word RESIDENCE? How the devil are we to know what is included in that word. Are we to take it to mean the land AND the mobile home, or just one of the two?

Next you seemingly ignore this "18-year mortgage business" in telling us that "the original signing was a contract to buy"!

What can those words "contract to buy" possibly mean other that in 2001 you purchased both the land and mobile home under a contract to buy (often called a contract for deed) where the seller retains ownership until the purchase price was paid in full.

(A form of purchase agreement totally repugnant to obtaining a purchase money mortgage and giving a lender a security interest in the mobile home. A process that would require your obtaining immediate title to both land and mobile home.)

Then there is your strange misconception contained in this sentence: "The title seems to never have been transferred properly to First Star, Countrywide, nor Fannie Mae."

Strange and misconceived for the simple reason that neither such lender would take title to either. Not at the inception of the loans as title remains in the borrower subject to the lender's lien - (be it a mortgage/ deed of trust covering real property or a UCC1 security interest in personal property, that is movable property which is what a mobile home is.)
________________

WHAT I THINK is that by way of a separate loan Fannie Mae had a UCC1 security lien on the mobile home at the time you entered into the "contract to buy" with "sister-in-law" or whomever and that it somehow slipped through the cracks, that is, was not mentioned in your contract; that your seller continued to pay until recently brought to light when you were alerted that it had gone into default. So that is where I would start asking questions - beginning with the loved relative.


ALSO, you definitely need the services of a lawyer to sort out the status of the mortgage on the land and to examine this so called "contract to buy". The fact that until recently you seem to have been unaware of any liens is very disturbing. Your seller's allowing the loan from Fannie Mae to go into default doesn't speak encouragingly about the status of the mortgage loan.

Your attorney will explain some other "inherent" problems you, and any other persons foolish enough, have with this most risky"contract to buy".

LASTLY I can't answer your question of what to "file" in order to stave off Fannie Mae's enforcement of its lien on the mobile home? I suspect nothing. In the first place I don't know that what measures Fannie Mae is taking to enforce its lien or how it can proceed under the laws of your state. But I would be looking at Article 9 "Secured Transactions" under South Carolina's Revised Uniform Commercial Code.

BUT I can assure that you'll get no help from reading "asteroids" link outlining the complicated, but irrelevant process of a "Judicial Mortgage Foreclosure"!

Again if it was me, I would start by questioning my seller.

 

[adjusterjack]

Glad you wrote all that.



"asteroids"???