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.