Florida law requires that the transfer of mobile homes in most cases be done through transfer of a certificate of title. The applicable Florida statute, Fla. Stat. 319.So22(1) provides:
(1)Except as provided in ss. 319.21 and 319.28, a person acquiring a motor vehicle or mobile home from the owner thereof, whether or not the owner is a licensed dealer, shall not acquire marketable title to the motor vehicle or mobile home until he or she has had issued to him or her a certificate of title to the motor vehicle or mobile home; nor shall any waiver or estoppel operate in favor of such person against a person having possession of such certificate of title or an assignment of such certificate for such motor vehicle or mobile home for a valuable consideration. Except as otherwise provided herein, no court shall recognize the right, title, claim, or interest of any person in or to any motor vehicle or mobile home sold, disposed of, mortgaged, or encumbered, unless evidenced by a certificate of title duly issued to that person, in accordance with the provisions of this chapter.
In most circumstances (unless title transferred by a manufacturer or by operation of law) you will want to see the certificate of title and get a transfer of such certificate so that you can obtain marketable title to the mobile home. The Florida Supreme Court has provided a strict interpretation on the above referenced statute, with the only notable carve out coming from a scenario where a bona fide purchaser in good faith purchases from a dealer of mobile homes and takes possession but cannot obtain transfer of the actual title. For more see In Re Orange Rose LLC 8: 10 -bk-24856-MGW. (more…)