Dec222025
Real Estate Q&A Series

How can I get the title for a mobile home I already purchased when the seller or their representative is withholding it? – North Carolina

Short Answer

In North Carolina, the cleanest path is usually to push the person holding legal title to sign over the manufactured home title and complete a proper DMV transfer. If that person refuses (including an estate representative), the next step is often a court action that asks a judge to order delivery of the title or recognize the buyer’s ownership so a replacement or corrective title can be issued. Because threats like eviction or “foreclosure” can move quickly, it is important to act fast and in the right forum.

Understanding the Problem

Under North Carolina real estate and manufactured housing rules, a manufactured (mobile) home is often treated as personal property with a DMV certificate of title unless it has been lawfully converted and recorded as part of real property. The practical question is: when a buyer has paid for a manufactured home and taken possession, but the seller or the seller’s representative refuses to hand over and sign the title, what legal process can force the title transfer so ownership can be documented and future problems (financing, insurance, sale, or moving the home) can be avoided? The issue often comes to a head when a park owner or estate representative holds rent in escrow and threatens eviction or a lien-type remedy while the title remains in someone else’s name.

Apply the Law

In North Carolina, a manufactured home commonly has a certificate of title issued through the N.C. Division of Motor Vehicles (DMV). A buyer generally needs a properly assigned title (and related DMV paperwork) to register ownership, insure the home, sell it, or move it. If the titled owner will not cooperate, the buyer’s remedies usually shift from “paperwork help” to “enforcement,” meaning a lawsuit seeking an order that compels transfer of the title or declares ownership based on the sale. Separately, if the home has been permanently attached to land and meets the legal definition of real property, North Carolina law provides a process for surrendering and cancelling the DMV title and recording documents with the county Register of Deeds so the home is treated as real property.

Key Requirements

  • Proof of a valid purchase/transfer: A buyer needs documents showing the deal happened (bill of sale, receipt, written contract, payment records, and any communications about the transfer).
  • Identify who has authority to sign: The person who can transfer title is typically the titled owner, a lienholder if applicable, or (if the owner has died) the personal representative of the estate acting within their authority.
  • Use the correct forum for the remedy: DMV processes help when the rightful signer cooperates; court remedies are usually required when the signer refuses, disappears, or disputes the sale.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a completed purchase of a manufactured home, substantial repair/improvement spending, and continued site rent payments, but no delivered title. Those facts usually support the first requirement—proof of a transfer—if the purchase can be documented. The problem appears to be the second requirement: the person who has authority to sign the DMV title (the seller or an estate representative) is withholding it. That typically pushes the situation into the third requirement, meaning a court-ordered remedy may be needed if voluntary DMV transfer cannot be completed.

Process & Timing

  1. Who files: The buyer (or buyer’s attorney). Where: Start with the N.C. DMV title process if the titled owner or estate representative will cooperate; if not, file in the appropriate North Carolina state trial court (often District Court or Superior Court depending on the claims and relief sought). What: A written demand for title transfer (with a clear deadline) plus a court complaint seeking an order requiring the title to be delivered/signed, and any related claims that fit the facts (for example, a claim to recover the property or stop wrongful possession of the title). When: Send the demand promptly; if an eviction, lien sale, or other deadline has been threatened, the filing may need to happen immediately to seek emergency relief.
  2. Next step: Gather proof and identify the current titled owner and any lienholder. Practical proof often includes a bill of sale, cancelled checks, bank receipts, text messages/emails about payment and transfer, photographs of the home and VIN/serial number tag, and records showing ongoing rent payments and improvements.
  3. Final step: If the court orders the transfer (or declares ownership), use the court order and required DMV forms/fees to complete the title correction/issuance so the buyer can obtain a title in the buyer’s name or otherwise resolve the title status under North Carolina law.

Exceptions & Pitfalls

  • Title vs. land confusion: A manufactured home can be titled through DMV even while sitting on rented land. A park eviction dispute and a title-transfer dispute are related but not the same legal issue, and mixing them up can delay the title solution.
  • Estate authority limits: If the seller died, only the properly appointed personal representative typically has authority to act for the estate. Delays often happen when a relative claims authority without formal appointment.
  • Outstanding lien or security interest: If a lienholder is listed on the title and has not released its interest, the lien can block a clean transfer and can also affect whether a title can be cancelled when converting the home to real property.
  • Real-property conversion is not automatic: Even when a home is “permanently” placed, North Carolina law has specific steps for title surrender/cancellation and county recording. Skipping those steps can create future sale and financing problems.
  • Missing VIN/serial information: DMV and courts usually require identifying information (VIN/serial number). If the data plate is missing or unreadable, extra verification steps may be needed.

Conclusion

In North Carolina, getting a mobile home title that is being withheld usually requires (1) proof of the purchase, (2) action by the person with legal authority to sign the title, and (3) the right forum when cooperation fails. When a seller or estate representative refuses to deliver the title, a court case may be needed to compel delivery or confirm ownership so DMV paperwork can be completed. The most important next step is to send a written demand for the signed title and file the appropriate court action before any threatened eviction or lien deadline expires.

Talk to a Real Estate Attorney

If a manufactured home title is being withheld after a purchase and an estate representative or property owner is pressuring escrowed rent, eviction, or other enforcement, our firm has experienced attorneys who can help explain options and timelines under North Carolina law. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Real Estate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.