Lot Owner Turned Down to Move Mobile Home on Property

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PROGRESO – They bought the land and the house. Now a family is learning they can’t put their house on their land.

CHANNEL 5 NEWS learned if you don’t read and understand every word on a deed of trust, it may hurt you down the road.

“We’ve already tried pretty much doing everything he’s verbally told us to do to the house and he’s still rejecting it,” Karina Pena said.

Pena told CHANNEL 5 NEWS, three years ago, she and her mother purchased a lot for $16,000. They purchased a mobile home for another nearly $10,000 to place on the property.

They said the owner of the subdivision told them multiple times they can place the home on their property.

“In the new rejection letter he included copies of what he 'so-called' a contract that we had since the closing of the sale of the property, but that is not the original contract that we have,” Pena explained.

The Penas said in the contract they signed there was no mention of a need for owner approval.

We went to find out who is right in this situation. Real estate attorney Sharon Almaguer said you have to take a closer look and do your research.

She explained the restrictions of the subdivision were addressed in the reservations from conveyance section of the deed.

“What that references is things, documents that have been recorded before the deed, that pertain to that property and that come with the property,” Almaguer told CHANNEL 5 NEWS.

Almaguer said though the restrictions weren’t individually listed, they are valid.

She explained one of the restrictions includes the type of mobile home the Penas were able to place on the property.

“The fact that she didn’t see them before is under the law not an excuse because when you buy a piece of property, you are presumed by the law to know what is in the public deed records pertaining to your property,” Almaguer explained.

Almaguer said to avoid this situation hire an attorney or title company to examine the contract before purchasing any property.

She told CHANNEL 5 NEWS for those who are unable to, it is extremely important that you review the restrictions in the deed records department of your county.


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