my husband and i sodl our mobile home to someone in the contract its states she just have homeowners and not miss the lot fee payments she has no insurance is one month behind!
2007-11-15 08:35:55 · 6 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
the contract states we can take back mobile home if she breaches can we just take it back without going to court?
2007-11-15 08:42:25 · update #1
Need to call the clerk's office and start a foreclosure action.
edit; HOW? At gunpoint? You can try the sheriff; but they are probably going to refuse to act without a court order; and that is the only way to make sure you have legally gotten title back.
2007-11-15 08:38:20 · answer #1 · answered by wizjp 7 · 0⤊ 0⤋
Either you sold it or you have rented it.
What you are describing is not a purchase agreement, it's a rental, and if you wrote the contract yourself, it won't weigh anything in court because you CANNOT write a real estate contract if you are not a lawyer (agents use forms pre-approved by the bar association of their state).
If you sold it, and she misses a lot payment, then why are you responsible if all you are carrying is the loan for her? It falls against the mobile home and that is between he landower she rents from and her...it doesn't have anything to do with you.
As for the insurance, you should have made sure she had that in place BEFORE you sold it to her...how do you know she can get insured....at all?
Not everyone can.
I would suggest you contact a real estate attorney before you begin what is most likely going to be called an illegal foreclosure, and if that happens, she can sue you for damages.
2007-11-15 09:03:49 · answer #2 · answered by Expert8675309 7 · 0⤊ 1⤋
No, you cannot just 'take it back'. You will have to foreclose on your land contract with this owner in order to regain possession. That will require the judgment of a court of law.
In the interim, I suggest that you place insurance on the property yourself, since you would suffer a total loss if it burned or were damaged otherwise.
2007-11-15 10:08:21 · answer #3 · answered by acermill 7 · 0⤊ 0⤋
Ditto to wizjip...
You need to be very careful and make sure you follow the law for foreclosure. Many states make it very, very difficult to evict someone from their home. If the Mobile home is stationary... it qualifies as a home.
2007-11-15 08:44:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No. you're given a fringe, and in case you bypass away that perimeter you're in difficulty. purely reason you are able to tension your place does no longer mean you are able to bypass everywhere, i'm confident they could assume you to be parked some place and stay there for the size. or you would be back in custody.
2016-12-16 09:48:33 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Before I start foreclosing ask if they will leave. That will straighten them out, wake them up or persuade them to leave. If I had to I would pay them to leave (as a last resort) to avoid costly foreclosure.
2007-11-15 23:57:07 · answer #6 · answered by Michael W 1 · 0⤊ 1⤋