How do I obtain or reissue a mobile home title from the DMV when the original is missing? - Florida
The Short Answer
In Florida, if a mobile home certificate of title is missing, the person legally entitled to the title (typically the owner of record or a lienholder) can apply to the Florida Department of Highway Safety and Motor Vehicles (DHSMV) for a duplicate title. If the title was recently issued but lost in transit and never delivered, Florida law also allows a reissuance request within a limited time window.
What Florida Law Says
Florida treats mobile home ownership and transfers as title-driven. When the original title is lost or destroyed, the law generally requires a sworn application on the state’s prescribed form and payment of the required fee, and then DHSMV issues a replacement that is marked as a duplicate. If the original title later turns up, it must be surrendered for cancellation.
The Statute
The primary law governing this issue is Fla. Stat. § 319.29.
This statute establishes that when a certificate of title for a motor vehicle or mobile home is lost or destroyed, the owner (or lienholder) may apply—by a signed and sworn application and required fee—for DHSMV to issue a duplicate title, and it also allows reissuance (without an additional fee) if the title was lost in transit and not delivered, so long as the request is made within 180 days of issuance.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple—especially when the mobile home is part of an estate and an occupant is still in possession. Legal outcomes often depend on:
- Strict Deadlines: If the issue is “lost in transit,” reissuance is time-limited—Florida law requires the request within 180 days of the title’s issuance. See Fla. Stat. § 319.29(3).
- Burden of Proof: DHSMV generally requires the application to be signed and sworn by the person authorized to receive the title, and additional verification can be triggered if the address does not match DHSMV records. See Fla. Stat. § 319.29(1) and § 319.29(4).
- Exceptions: A “duplicate copy” title can affect downstream rights in the chain of title, and estate administration, lien releases, utility balances, and an occupant’s possession can create complications that go beyond a simple replacement request. See Fla. Stat. § 319.29(1).
Trying to handle this alone can lead to delays, rejected filings, or problems transferring the home—especially where probate authority, lien status, and possession/tenancy issues overlap with the title problem.
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.