QUESTION

Owner financing: No realtor, does the seller have to run it through escrow?

Asked on Apr 15th, 2015 on Real Estate - California
More details to this question:
My fiance and i were makig plans for buying a mobile home for $32,500. We put $500 to hold it. She said she wasnt going to run it through escrow and she will be selling it as is. It is a 1979 2bdrm 2bath. My grandmother (who will be the one putting the down payment off $12,000 for us) her previous realtor called her and told us to back out of the sale because getting a contract notorized is not legal binding. And that an escrow is legal binding. I am wondering if it is safe to go through with the sale of $12,000 down and monthly payments of $250 for 10 years. The owner is moving to Kansas and says she does not have the title transfer because the previous buyers did not give it to her, so shes going to contact the previous owners and have them send it to her.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Your Realtor is exactly correct. Don't do this deal without good title ownership of the home on the official government records. If the seller is not shown on the official records of either the Deparment of Motor Vehicles or the Department of Housing and Community Development, then you do not know who actually owns the property. It is possible you could give the seller $12,000.00, and then be evicted by the true owner. The whole idea of an escrow is you give the escrow holder your money, and the escrow holder does not give it to the seller until the title has been transferred to the buyer on the official government records. The only reason for a seller to refuse to do it this way is because the seller does not really own the mobile home. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  
Answered on Apr 16th, 2015 at 2:36 PM

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