In the state of Pennsylvania can you sell your mobile home without a title?

Question

My mom's friend needs to sell home mobile home and she needs to know this.

Answer 1

In general, no. There are circumstances, however, where in the instance of a mobile home being permanently affixed to land that the title is "retired". Refer to Chapter 401 of the Pennsylvania Code, § 401.5, which states:

§ 401.5. Cancellation.

(a) Certificate of title. The owner of a mobile home which has been permanently mounted on a foundation and affixed to real property may apply for cancellation of the certificate of title or ownership for the mobile home by completing the appropriate form furnished by the Department of Transportation and returning it with the certificate of title or ownership to the Department of Transportation.

(b) Outstanding liens. If there is an outstanding lien, the certificate of title or ownership will not be cancelled until the applicant submits satisfactory evidence that the lien has been recorded against the land on which the mobile home is located.

(c) Transfer after cancellation. In order to sell or transfer a mobile home without also selling or transferring the land on which it is located, the owner of the mobile home who intends to transfer the mobile home shall obtain a new certificate of title or ownership in accordance with the procedure set forth in subsection (d).

(d) Obtaining new certificate after cancellation. To obtain a new certificate of title after cancellation of a certificate, the owner of the mobile home shall submit to the Department of Transportation an application on the appropriate form, accompanied by the following documentation:

(1) Certificate from an attorney or title company that there is no mortgage, judgment or other lien of record against the mobile home; or, if there is a lien, a release executed by the lienholder and certified from the records of the Recorder of Deeds or Prothonotary, as appropriate.

(2) Copies of one of the following documents:

(i) The Departmental form, ‘‘Receipt For Mobile Home Title Cancellation,’’ properly endorsed by the Department and issued by the owner who intends to transfer the mobile home.

(ii) The deed to the land indicating ownership of the mobile home by the owner who intends to transfer the mobile home.

(iii) If neither document described in subparagraphs (i) or (ii) is available, a bill of sale for the mobile home issued to the intended transferor.

(3) The Department may require an affidavit detailing the chain of title and the circumstances of the acquisition of the mobile home by the intended transferor.

http://www.pacode.com/secure/data/067/chapter401/chap401toc.html

If just the mobile home is being sold, there must be a title.

Answer 2

I've read this PA 401.5 code a million times..but it’s not entirely clear and no one (not the state, lawyers, anyone, seem to know what this means):

Section D: To obtain a new certificate of title after cancellation of a certificate, the owner of the mobile home shall submit to the Department of Transportation an application "ON THE APPROPRIATE FORM", accompanied by the following documentation:

No one seems to know that the appropriate form is. I can’t find anything that is about getting a new title for a mobile home.

Then in section 2(i) it says you need: The Departmental form, ‘‘Receipt For Mobile Home Title Cancellation,’’ properly endorsed by the Department and issued by the owner who intends to transfer the mobile home.

Receipt for Mobile Home Title cancellation- Endorsed by WHAT dept? I called PA DOT and they said once the title is canceled there is no record of the title anymore. I asked for a way to show its been canceled and they said they can't. It’s basically like it never existed.

I am selling my mobile home which is affixed to the group and where i lived for 13 year. But no one knows how to go about selling

Answer 3

First of all, no money should have ever exchanged hands w/out title also presented or research already done. How do you know it's not "HOT", if you know what I mean. Not sure whom to contact about research (try your county clerk's office, since it is a MOBILE item), provide them w/ VIN# off the mobile home and previous owner - he may have just lost it and you can apply for a "lost title". I'm sure if they are not the ones you need to speak w/ they can tell you whom to contact.