All Forum Posts by: Justin W.

Quote from @Bruce Lynn:

@Justin W.   Are you 100% sure the deed is issued, but not filed until a year later.  It might help if you post what state you are in.   Who holds that deed until it is filed?  The county?  If so in my opinion you're buying a lien, not the deed.  But I'm just some old Texas hick and my opinion doesn't really matter.   Are you asking this in regards to holding periods for capital gains tax calculations ST vs LT?

I am not sure how it’s issued, just how it’s written.   I’m just going off what looks clear to me but I’ll have to have a CPA assess it. I’m certainly is no expert on this.

The county delinquent tax office said the auction date is the official date of sale but they aren’t exactly the tax experts either.

SC is the state.

I gave an example of the deed above. That’s word for word how it’s written.

So as a regular guy reading it, it reads clear that it’s sold to me on that day, but with the opportunity to redeem back by the delinquent tax payer….but who knows 🤷‍♂️ . 

Deed is filed shortly after their redemption period.

I will say that taxes during the redemption period were paid by me once the redemption period was over. But they were for that previous year, which was the redemption period..

And yes curious about short term vs long term.

Quote from @Jay Hinrichs:

Quote from @Craig Janet:

I'm assuming they had to get some kind of permit to move the mobile home and connect utilities. So how did they get the permit? You can start there, but I know small town politics very well and I'm sure they "omitted" to see the deed restrictions. 

Is it an old piece of junk mobile home or is a newer nice home. If it's the latter what's your issue with a mobile home? It's not your land and the person who put the restriction is dead. 

Cities and Counties do not regulate deed retrictions .. they regulate Zoning.. period.

Thank you for your comments on the topic.  

Who does enforce these restrictions? 

Is hiring a lawyer the only option? 

Quote from @Craig Janet:

I'm assuming they had to get some kind of permit to move the mobile home and connect utilities. So how did they get the permit? You can start there, but I know small town politics very well and I'm sure they "omitted" to see the deed restrictions. 

Is it an old piece of junk mobile home or is a newer nice home. If it's the latter what's your issue with a mobile home? It's not your land and the person who put the restriction is dead. 

First, in the rural world, nobody checks deed restrictions before doing things. Building codes and all that from your big city investment world are out the window. 

Nobody got a permit and nobody cares about permits in these areas.

I laid out the scenario asking for advice on how to move forward with enforcing the lot restrictions…while trying to avoid putting so much personal information. I was hoping people would take me at my word for the scenario and how close it was to me and my family.  But once again another person asking for more detailed personal information on how it affects me.

Quote from @Tom Gimer:

@Justin W. The law on restrictive covenants is very state-specific and developed through case law over time. You can't get a truly helpful answer here without sharing the exact and complete language in all the instruments, information concerning the parties involved in the original transaction, and details on what has transpired since.

I actually can't tell from the question what the goal is. Is the goal finding someone to blame and punish, or avoiding/striking the deed restrictions themselves?

The goal is to remove the mobile home. Nothing more. The mobile home that’s halfway in place yet has been sold through a shady deal with restrictions ignored.

I dont know the answer here, it is above my pay grade but if I were you this is where I would start.

Talk to a lawyer. I suspect the title company or closing attorney may carry some fault here? If you sue I think you would have to prove damages I believe. The original sellers could probably make a better case than you can but again, speaking to an attorney would clarify that for you.

Out of curiosity what is your role in this? Are you an abutting property owner or something? Can you prove property value reduction?

It’s as close to me as it gets without it being mine.

I don’t want to sue for damages. I want it removed as the deed restricts the lot from mobile/manufactured homes. It’s not even quite in place yet but they sold it to some poor lady for some ridiculous amount of money. I’m Not even sure this lady can sell it down the road with these restrictions in place, assuming another person doesn’t force her out in 3 years.


I was just seeking ideas for a course of action that doesn’t require hiring a lawyer as the first step.  Thought maybe people had experience with enforcing deed restrictions.


The title company absolutely carries fault. No doubt it was done on purpose, small town corruption is like a movie from 1985.  It’s clear they are all sweating it now as they stoped the work. 

I thought about getting the 20 homes on the street involved(same restriction on their homes but most don’t realize) or a civil suit but I’m no expert in this.

Kory, thank you. That’s really good information and I appreciate the time.  I tend to agree that makes sense to me. 

I’ll Show a deed example.   The wording is the only reason I can possibly consider the auction date as the sale date. It reads so clear but maybe the IRS disagrees. 🤷‍♂️ 

““WHEREAS, on Sales Day, the ninth (9th) day of October, 2022, the Delinquent Tax Collector did, during the usual hours of sale, after due advertisement, sell the said property of the said John Doe, tax defaulter (s), to James Doe, his heirs and assigns, the purchaser (s), hereinafter known as "grantee (s)", and the highest bidder at such sale, for the sum of $XX.xx and gave a receipt for the total amount of said purchase money to him; and

WHEREAS, more than twelve months have elapsed since the date of said sale and the defaulting taxpayer (s), and grantee from the owner or any mortgage or judgment creditor have failed to redeem said land so sold for taxes:

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that I, Jill Doe., Delinquent Tax Collector of and for the County and State of aforesaid, in consideration of the premises, and the sum of $xx.xx paid by the said grantee(s), James Doe have granted, bargained, sold and released, and by these present do grant, bargain, sell and release unto the said grantee(s) James Doe and his heirs and assigns. “”

Quote from @Bill B.:

Google’s answered varied from the county enforcing it, or needing a court injunction. I assume this was recorded in the “registry of deeds” or SC’s version of it or it’s probably not enforceable. 

It did go on to say only the person who put the restriction in place of their heirs can enforce the restriction and if they let it go for too long “latche” makes it no longer enforceable. 

But it also went on to say with a property lawyer the person who placed the restriction or the heirs may be able to “foreclose” on the property and reposes it after sending a notice to cure that is ignored. 

Lastly, it says only the current title owner is responsible for the violation regardless of who caused the violation. But they might be able to sue the seller under some other “failure to disclose” violation. 

So if you are or know the heirs and they care. They need to hire a property lawyer and issue a notice to cure and threaten to foreclose. 

Ps. Obviously this is all “Google lawyering’ and your local lawyer may say you’r screwed. But he’s your only hope. 

Thanks... It's not in SC. But that's good info.... I imagine the lawyer is culpable here. I would think they are responsible for finding the deed restriction against mobile homes on a lot while doing title work for a sale of a lot with a new mobile home. 

I still feel like a realtor repping a buyer should at least read the deed... maybe they don't though.

Quote from @Russell Brazil:

Realtors/Agents don't have anything to do with, or interact with the deeds. That's under the preview of the attorneys. 

 TY. I have had a couple rep me who seemed to be familiar and be able to answer questions on restrictions so I wasn't sure if this was common or standard practice. 

Quote from @Theresa Harris:

I wouldn't expect a realtor (or lawyer) handling the purchase or sale of a home to remember if they also handled the buying for it a few years ago.  The seller however should have made a note in the sales agreement and reminded the realtor of any restrictions.  Mail a copy of the documents to the new owner and if you feel that strongly, contact the realtor and let them know.

 Like I said,   it's a small town click.. They are all in on it. Without me getting into details.

What I expect is the lawyer to do a title search. But since it's his buddy, I'm guessing he knew. 

Quote from @Bill B.:

Tell the original seller so he can be there with a copy of the deed to prevent the placement of the mobile home? If it’s already been placed then either the original seller doesn’t care, is dead, or will take care of the complaining for you. 

 They are dead, the other sellers are older. I spared some details but its closer to me than just "a seller". 

Standing at a driveway with a copy of the deed doesn't work lol. "we're just working here" is/was the response.

Complaining doesn't get anywhere, the county doesn't enforce(their words). That's why I asked for a course of action and if this is a reportable offense.