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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 45683
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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We evicked our daughter from her mobile home which is on our

Customer Question

We evicked our daughter from her mobile home which is on our land. The mortgage company is foreclosing on it, and she wants our permission to come on our property to strip the mobile home (ceiling fans, dishwasher, metal roof (over old, leaking shingles), etc. before they come and get it. We told her that is not ethically right. What is the legal answer?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. That's not legal. Anything that is affixed to the mobile home belongs to the mobile home and is subject to the lender's lien. The mortgage company is entitled to those items under their lien and to remove them would constitute mortgage fraud. You really don't want to be part of that....if you were to allow this, then the lender could pursue not only your daughter, but you as well.



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Customer: replied 1 year ago.


She specifically wants the metal roof and claims that the (leaking) shingle roof is the only one the lender is entitled to. She has already removed the refrigerator, stove, heating/AC, and water heater - all of which she has had to replace since she bought the house 15 years ago. Will we be held responsible for the appliances she has already taken? Is it legal for her to take the metal roof and leave the leaking shingle one?

Expert:  Richard replied 1 year ago.
Thanks so much for following up. Anything that came with the mobile home when it was purchased and/or was there when it was financed cannot be removed. You would need to look specifically at the mortgage documents, but in general, the lender will look at this way.... if you were buying a mobile home, are these things that you would expect to be included with the house? If she has taken all these items already, it's likely going to be a problem with the lender....especially with respect tot he the HVAC, water heater and stove. Also, the refrigerator if refrigerators come with mobile homes. The fact that she had to replace these would not be relevant. It would be similar to if you had a car loan and before the car was repossessed, you took the engine and the tires from the car.


This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that it was fine to take everything, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!


Customer: replied 1 year ago.


I noticed you are in Texas. Do the same laws apply in South Carolina?


 


Just wondering...


 


My daughter can be pretty intimidating when she doesn't get her way.

Expert:  Richard replied 1 year ago.
Yes...although I'm licensed in Texas, I'm very familiar with the SC laws in this area. I am the developer of two master planned communities in SC so I have to deal with the foreclosure laws with homeowners and their lenders all the time.
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 45683
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Richard and 7 other Real Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/
Expert:  Richard replied 1 year ago.
Thank you also for the generous bonus! I appreciate your kindness!

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