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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37621
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I just learned that the sale of my mobile home (Delaware) did

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I just learned that the sale of my mobile home (Delaware) did not go through. Not real estate so Mobile Home broker did deal. Last of August, I received $7000 from buyer and extended a loan for $4775 for the remainder. She agreed to pay about 220 a month. The broker has my Title and check for my share of the taxes. Whoever owns the mobile home is responsible for the lot rent which is 680 a month. I thought it was over. Needless to say, she has not paid a dime. I also noticed that my tax check had not been cashed. I called the broker who said the buyer never came to his office to sign the power of attorney for him to pay taxes and fie Title which would show me holding a lien. she also never presented proof of insurance. She is paying the lot rent at this point -- the broker paid the taxes in September out of his account. Looks like she has moved into my mobile home. Did she forfeit the 7000? Can I get her out? Loan form says I can call entire amount when she is past due, but can I foreclose? Is this criminal behavior? Where do I go from here?
Submitted: 9 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 9 months ago.

Thank you for your question. Please permit me to assist you with your concerns.

 

To answer your question directly, the moment the other party breached any of the terms of the agreement, especially payment, you can 'accelerate' the loan and demand that it be all paid at once. Whether or not she forfeits the money is based on how your agreement was worded--most do allow you to keep the funds as liquidated damages for the other person's breach, but it is still heavily contingent on the language. In that situation, especially if the vehicle is still under your name, you can formally file for an eviction. I am not clear on why you'd want to foreclose if the lot is still under your name. This isn't criminal, this is a civil breach of contract. Where you go from here is that you review the terms, and send her a letter calling the debt and giving her time to leave. Then you either evict or your foreclose, you cannot do both.

 

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37621
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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