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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38564
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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My daughter lives in AL and purchased a mobile home 10 years

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My daughter lives in AL and purchased a mobile home 10 years ago. She placed it in a mobile home park where she was paying lot rent as well. She moved out of the mobile home about 7 years ago leaving it vacant but kept paying the note on the home but note the lot rent. In the past year the trailer park people took over the mobile home due to lot rent arrears. She still was paying the trailer note. The lot people have rented out her trailer to people but she is not or has lived in the trailer for years. Now she is at a point in her life(single mom) she can't make the trailer note and the people that are holding the mortgage are harassing her daily at work. She is barely putting food on the table, she does not have a choice.   She has told them she is not able to make the note and they say they are going to repossess the trailer. Help!!!   What can or does she need to do?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 8 years ago.

The trailer mortgage is a secured loan and is not discharged in bankruptcy. And, if your daughter continued to pay the note after bankruptcy, then she affirmed the loan and still owes it -- had she not continued to pay, her obligation would have been discharged.

 

Your daughter can simply stop paying and the lender will repossess the vehicle and then get a deficiency judgment against your daughter. If she has no ability or assets with which to pay, the lender will be unable to collect.

 

Or, your daughter could file for bankruptcy against (after 6 years, from the last bankruptcy, minimum), and that would end the entire issue forever. Meanwhile, she can't really prevent the lender from calling for payment. If the lender sells the loan to a third-party collection agency, then your daughter can demand that the agency "cease and desist" from continuing to contact her concerning the debt. But, as long as it is the primary creditor who is calling, the only thing your daughter can do is say, "Hello -- goodbye."

 

 

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