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  1. #1
    Join Date
    Sep 2019
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    1

    Default Hold Harmless on Title

    My question involves real estate located in the State of: AZ. I won the bid on a modular home and land from a bank that used a Auction Company. They can not come up with the title for said property. They, the title company, wants me to sign a (hold harmless). I am not comfortable with that. Can someone explain this to me? I was of the understanding that they would provide a clean title on said property. Thanks

  2. #2
    Join Date
    Sep 2010
    Posts
    19,139

    Default Re: Hold Harmless on Title

    There's more to it than what you are describing.

    You "don't come up with a title" for real estate. It's not a document like a vehicle. The bank MUST be able to provide a deed to you. It makes no sense otherwise. I presume what you may be talking about is that you are not able to get TITLE INSURANCE because there's some cloud (probably not the banks) that the bank won't warranty and the title company is hinky about issuing. It would all depend on what the issue is. If it is a more senior lien to the title than the bank's interest, then you should be VERY concerned. It also very much matters whether this was the foreclosure auction itself or whether the bank just decided to use an auction to dump some REO properties.

    You should get everything to an attorney.

  3. #3
    Join Date
    Oct 2016
    Posts
    3,131

    Default Re: Hold Harmless on Title

    Is this a modular home or does it have wheels on it? Unlike the land, there may be a tittle to it.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,139

    Default Re: Hold Harmless on Title

    Modulars are typically attached to the land. Title companies typically don't know or care about "mobile" homes. There's enough holes in what he's saying to indicate he needs to be talking to an attorney.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,714

    Default Re: Hold Harmless on Title

    Check with the county register to see if the title has been retired


    https://mcassessor.maricopa.gov/prop...nformation.php

    Affidavit of Affixture


    ]A.R.S. 42-15203: Any person who owns both the manufactured home and the land on which the manufactured home is located may file an Affidavit of Affixture with the Recorder of the county in which the real property is located. An Affidavit of Affixture is a document that is used to change the status of a manufactured home from personal property to real property.
    The manufactured home for which an Affidavit of Affixture has been filed is removed or sold separately from that parcel of land then the manufactured home must be re titled through motor vehicle.
    For information on how to obtain an Affidavit of Affixture contact the Assessor's Office or a title company in your area.Instructions for Completing an Affidavit of Affixture (PDF)


    if it has, there will be no separate title for the modular home. It is considered part of the real estate and included with the land when it is transferred to you via deed.

  6. #6
    Join Date
    Jul 2018
    Posts
    1,522

    Default Re: Hold Harmless on Title

    Quote Quoting kent1944
    View Post
    They can not come up with the title for said property.
    First of all, who are "they"? Do you mean both the bank and the auction company (the only two entities mentioned to this point)? Second, when you refer to "the title," are you talking about a certificate of title (i.e., a "pink slip") issued by the DMV for the modular home? If not, what are you talking about?


    Quote Quoting kent1944
    View Post
    They, the title company, wants me to sign a (hold harmless). I am not comfortable with that. Can someone explain this to me?
    "Hold harmless" is a verb. It's not a thing you can sign. If someone has given you some sort of agreement, there's no way for anyone here to assess it without reading it.

    As noted, you should be speaking with an attorney (who, in addition to reviewing the "hold harmless," can also review the terms of the agreement(s) you signed with the auction company).

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