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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3804
Experience:  25 years of experience in general practice, real estate law and estate law.
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I own property and allowed my father-in-law to place a mobile

Resolved Question:

I own property and allowed my father-in-law to place a mobile home on my property. He has abandoned the property and it has gone back to the lender with a balance owing. I placed an offer and the lender has also allowed another interested party to make an offer. What are my rights if the other interested party is stating that they want to come onto my property and move items such as fencing, propane tank, and a very tall hamm radio tower and not place the items back like they were found?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Can you explain why they would be moving anything other than the mobile home?

 

You can require them to hire a company that is licensed and bonded to move the home.

 

 

Has the lender advertised the sale?

Customer: replied 1 year ago.

The way the mobile home is situated, it has fencing to the rear and to the East of it and it has a 30 to 40 foot hamm radio tower (on a 5ft in the ground cement base) to the West of it. The other interested buyer would need to move the fence away from the mobile home and the radio tower to be able to gain access to the home. When my husband stated "you will be putting the fence back, right?" The other interest buyer stated "No."


I believe that the lender is selling to the interested party and that he is licensed and bonded but don't know for sure.


 


I have not seen the "advertised sale" but I have spoken many times with the bank representative and asked if we will be required to submit a written bid and he stated that we would ultimately.


 


My husband and I were thinking that if they needed to move something to be able to access and move the home, then they would have to put back in the same condition anything they had to move. We don't know for sure what the rules are.


 


The bank representative told me on 6/12/13 that he put it out for bid, and that he would give the interested party until 12:00pm on 6/14/13 to put in his bid. He then told me on 6/12/13 that he would be in contact with me on 6/14/13. I left three messages with him today and there was no response. One of the messages I left related that we were under the impression that he was going to be contacting us today with the opportunity to bid.


 


The mobile home is on a permanent foundation but according to HCD rules, a 433A was never filed and the county we live in (Tulare) is not showing that the mobile home is permanently affixed to the property even though it is.

Expert:  Attyadvisor replied 1 year ago.
Thank you for the clarification.

When my husband stated "you will be putting the fence back, right?" The other interest buyer stated "No."

First, no one can enter your property without your permission.

Does the bank realize that the home is affixed?

6/14/13. This was in June?
Customer: replied 1 year ago.

I am sorry, this all happened this week: 9/11/13 and 9/14/13.


 


I know that no one can enter the property without our permission but, we don't own the mobile home......we own the property that the mobile home sits on. We have been told by one real estate person that if it is on a permanent foundation, all we have to do is deny access and there is nothing the bank can do about it.


 


We did consult with someone and they stated it is not that easy......if the Housing and Community Development (HCD) does not show it listed as permanent property (they supposedly govern mobile home law) then even if it was set up that way, it is not recognized as permanent unless the right paperwork is filed. That is to protect lenders.


 


We were told that if we deny access and it goes to court, then we can be liable for the court fees since we really don't have the right to not allow someone to come and get the mobile home if it belongs to them.


 


The bank does know the home is on a permanent foundation but they state it does not matter since the proper paperwork was never filed. The would have to grant approval to HCD and they are not going to do that because then the home is no longer Chattel (sp?) property but fixed real estate to our land and they could not get it then.


 


We just want to make sure that we have a fair chance to make a bid on it and that if we lose the bid, then the person who wins the bid can not come in and tear up items to get to the home to move it and leave it all torn up behind. Would it be within our rights to ask for a retainer account to be set up in good faith? Some of the comments the potential buyer made to my husband makes us believe he plans on coming in, completing "demo" and driving off with the home and leaving us with a pile of chain link fencing, torn up ground and cement and the 30 to 40 foot tower laying off to the side.

Expert:  Attyadvisor replied 1 year ago.

When I say your property I am referring to your land.

We were told that if we deny access and it goes to court, then we can be liable for the court fees since we really don't have the right to not allow someone to come and get the mobile home if it belongs to them. You can deny access until an agreement has been reached that all repairs will be made for damage to your land. The lender does not govern what can happen on your land.

Would it be within our rights to ask for a retainer account to be set up in good faith?
Yes

You are correct this now affixed and not chattel.

You may need to go above the person you are talking to at the bank.

You may wish to send the bank a certified letter return receipt requested informing them of the fact that home is affixed to your land and that you have expressed an interest in bidding on the home.


This is your land and you have rights.

Customer: replied 1 year ago.

I don't understand your comment "You are correct this now affixed and not chattel."


The lender is stating that it does not matter if it is really physically set up like a permanet structure or not......what matters is the paperwork. I can be cemented in (which it is) but if the HCD did not file the paperwork with the county, then it does not matter. The Bank is stating that they have the right to sell it and if it is not to us, then we have to allow the buyer to come on the property and retrieve the home.


 


My husband and I are getting the feeling that the person at the bank is on the side of the other potential buyer and the person at the bank is not returning phone calls as he states he will and the other potential buyer has stated that he has been working with this lender for over 12 years. We are willing to pair fair market value for our area which is $18,500 but the other intended buyer is going to move the home to the Souther California area where he will be able to sell it for a lot more money than in our more depressed area. But in order to get the home up and out of the foundation (dropped down, cemented in) they need to remove chain link fencing that the poles are cemented into the ground, remove the tower, drive on top of the septic tank (which we don't want them to be able to do due to the potential damage it can cause to have heavy equipment driven on top of it).

Expert:  Attyadvisor replied 1 year ago.

I apologize for any confusion I may have caused with the way I worded my response.

It is not affixed pursuant to the legal requirement to become real property. It is affixed to cause extreme damage in removal. As a practical matter the removal could potentially be a mess.

The bank can sell the mobile home. That being said you do not have to allow anyone to enter your land and cause damages.

It does sound as though the bank is working with the purchaser and not open to working with you. Have you contacted anyone at the bank above this person?

Expert:  Attyadvisor replied 1 year ago.

You can also contact the California Department of Business Oversight and let them know that the bank is not providing you with the information you have requested with regard to bidding on the mobile home.

http://www.dbo.ca.gov/

If the bank is FDIC you can also file a complaint with the Federal Reserve Board at http://www.federalreserve.gov/

Customer: replied 1 year ago.

I really don't think it is a "Bank" but it is Green Tree which is a mortgage lender and they bought the original note to the mobile home back in 2008.


We could go to the California Department of Business Oversight though if we are not allowed to put in a bid and it automatically goes to the other potential buyer.

Expert:  Attyadvisor replied 1 year ago.

We could go to the California Department of Business Oversight though if we are not allowed to put in a bid and it automatically goes to the other potential buyer. They would be able to investigate the matter for you.

You can contact Greentree at the corporate headquarters to let them know you are requesting information and receiving no cooperation 345 St Peter St, St Paul, MN(NNN) NNN-NNNNa rel="nofollow" href="http://www.gtservicing.com" target="_blank"> www.gtservicing.com


You are not required to allow anyone on your property unless or until you can work out an agreement for the repair of any damage to your land.

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3804
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 8 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

I just want to know if it is reasonableto expect them to put up a reatiner for the estimated costs of putting things back in order.......I don't want to be left trying to track someone down to pay for things and not be able to get it completed unless we take them to court.


We don't have a good "feeling" about the buyer as he has already stated he is going to "demo" things and is not going to put anything back the way it was. I don't know if we are in our rights to expect for it to be put back or not.

Expert:  Attyadvisor replied 1 year ago.
I just want to know if it is reasonable to expect them to put up a reatiner for the estimated costs of putting things back in order.......I don't want to be left trying to track someone down to pay for things and not be able to get it completed unless we take them to court.

It is reasonable to require a licensed and bonded professional to perform the removal.

Customer: replied 1 year ago.


That really does not answer the question.......I believe the potential buyer is licensed (don't know about bonded) because he did leave my husband a business card and it did have a license on it.......he has made statements to make us believe that he is not going to make things right but just complete demo.......

Expert:  Attyadvisor replied 1 year ago.

You are not required to have anyone that is not licensed and bonded performing the extraction of a mobile home on your land. You can certainly request that money be held in escrow for potential damages. A court would find requiring a licensed and bonded contractor to remove the home reasonable.

I am not sure why you feel that the lender's right to sell the mobile home supercedes your rights on your own land. Your land is private property and you have the constitutional right to protect your private property.

Thank you for using JA!

Customer: replied 1 year ago.

How do we protect our property? Do we have the right to not let anyone come on the property to retrieve the mobile home even though we did not pay for it?


 


Do we have the right to demand how they can and cannot move it off such as we want it to be moved in a certain manner? What I mean by this, is that they have to go in a certain direction with it and not it the way that the potential buyer is intending? He wants to do it in a way that saves him more money and we do not want him on top of the septic tank in that area with heavy equipment and the mobile home on jack stands and then axels. This could crack the septic and cause problems for any future use.

Expert:  Attyadvisor replied 1 year ago.
How do we protect our property? Do we have the right to not let anyone come on the property to retrieve the mobile home even though we did not pay for it?
You have the right to require a licensed and bonded professional to remove the mobile home.

Do we have the right to demand how they can and cannot move it off such as we want it to be moved in a certain manner? What I mean by this, is that they have to go in a certain direction with it and not it the way that the potential buyer is intending?

You have the right to require that a licensed and bonded professional remove the home and be held liable for damages.

He wants to do it in a way that saves him more money and we do not want him on top of the septic tank in that area with heavy equipment and the mobile home on jack stands and then axels. This could crack the septic and cause problems for any future use.
The fact the buyer wants to save money is not your problem. You have the right to refuse to allow anyone on your property that is not a licensed and bonded contractor.
Customer: replied 1 year ago.


Thank you for the information you provided. I think that is all for now. We plan on having a licensed bonded mobile home mover come to the property and ask questions on what is feasible to have it moved. I believe that if it is feasible to move it the way we want it to be moved, then that is how we will demand that it be moved. It is our property and we don't have to allow him access to move it the way he wants to if another licensed bonded person states it can be moved our way.

Expert:  Attyadvisor replied 1 year ago.

This is your property and anyone that enters your property will do so respectfully. I hope you end up with the mobile home and that you do not have deal with this man.

 

I hope that the information I provided was helpful.

 


Thank you for using JA!

Expert:  Attyadvisor replied 1 year ago.
Thank you.

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