Declaratory Judgments for Unidentifiable Mobile Homes

Jennifer Codding • February 3, 2023

UNDERSTANDING THE LEGAL PROCESS FOR OBTAINING TITLES TO UNIDENTIFIED MOBILE HOMES

You’ve lined up some snowbirds to buy your Florida property. They have excitedly told you how they plan to decorate the mobile home to be their tropical oasis. Suddenly, you receive a call from the closing agent asking for the original mobile home title. You think to yourself, “what mobile home title?” Neither a search of your documents nor a call to the Department of Highway Safety and Motor Vehicles produces a title. What do you do?

You may need an Order of Declaratory Judgment from a Court in order to complete the closing.

In most cases in Florida, if you sell a mobile home or a piece of property with a mobile home on it, you will need to provide the closing agent with an original Certificate of Title. If you do not have the title and are unable to obtain a duplicate title from the DHSMV because the DHSMV cannot identify the mobile home, you will need a Court order to close.

In an action for declaratory judgment based on an unidentifiable mobile home, the mobile home owner requests that the Court issue an order awarding title to the mobile home to the owner and directing the DHSMV to assign a vehicle identification number to the mobile home and issue a Certificate of Title.

Depending on the circumstances, the lawsuit could take several months or even a year or more to resolve.

Of Counsel attorney Jennifer Codding is experienced in evaluating mobile home title issues and filing declaratory actions. If you think you may be in need of a declaratory action, contact our office for a consultation.

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We are pleased to announce that the Pinellas County Chapter of the Florida Association for Women Lawyers (PFAWL) has awarded Attorney Jennifer L. Codding with this year's President's Award. The President’s Award is given out annually to a member who has given distinguished service to the chapter throughout the year. PFAWL is a voluntary bar association whose mission is to advance women in the legal profession. Jennifer has been an active member of PFAWL having served as President from 2013 – 2015 as well as in various other board positions throughout the years. In addition to receiving this year’s President’s Award, in 2014 the state chapter awarded Jennifer with a Leader in the Law award. Jennifer prides herself in being a strong advocate for women in law. Her efforts have significantly contributed to breaking down barriers and creating opportunities for women in the profession. The President's Award is a well-deserved recognition of Jennifer’s hard work and dedication and highlights her exceptional contributions to the legal profession and her support for women in law.