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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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My maufactered home is going to be reposed due to my heath

Customer Question

My maufactered home is going to be reposed due to my heath problems. I owm the land it is on and it is not part of the mortgage. I havn't been notified yet but I know it is coming. what I need to know is how long does it take? It is a homestead. How many days will I have to get my property out of the house? Thanks, XXXXX XXXXX ?

Submitted: 3 years ago.
Category: Legal
Expert:  Tina replied 3 years ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am so very sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:


Is there a permanent foundation on the home? Are the axles and wheels still attached to the home or is it attached to a foundation, and permanent utilities are in place?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

THERE IS NO PERMANENT FOUNDATION , NO TIRES OR WHEELS, THERE ARE PERMANENT UTILITIES TO THE HOME. I HAVE BEEN HERE 15 YEARS.I AM IN TEXAS. IT IS HOMESTEADED. THANKS, XXXXX XXXXX

Expert:  Tina replied 3 years ago.
I see. Thank you for the additional information, Roy.

Since it does not sound as though it is permanently attached to the land, the lender would typically be permitted to pursue foreclosure as personal property rather than real property. If it were considered real property, then the lender would have to adhere to the same foreclosure process as though it were a brick, stucco, or wood home.

Claiming a homestead exemption is normally irrelevant as to whether the home is treated as personal property or real property. As it appears it would be treated as personal property, the procedure for repossession would typically be as follows:

1. Once the borrower defaults on the loan, the lender mails Notice of Intent to Accelerate giving Debtor thirty (30) days to cure debt and any other additional fees;

 

2.If the borrower fails to cure the delinquency within the thirty (30) day period, the lender mails Notice of Acceleration of loan to the borrower;

 

3.After acceleration, the lender must typically file a lawsuit in the local court seeking a judgment for the past due payments and possession of the home via a writ. The borrower should be personally served with the summons and petition;

 

4.If the borrower fails to answer said suit, then the lendermay obtain a default judgment and proceed with the writ of possession if lender is still in possession of the mobile home.

 

This legal process typically takes at least several months, depending in part on the court's docket schedule and whether you do answer the petition filed with the court.

 

Here is a link which provides more information on the process:

 

http://busby-lee.com/bankruptinfoblog/texas-mobile-home-foreclosure-or-repossession/

 

 

 

 

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina