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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 21285
Experience:  13 years real estate, Realtor. Landlord 24+ years
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we are working on purchasing a property right now and a question

Resolved Question:

we are working on purchasing a property right now and a question has come up that you might be able to help us with (I hope)
It is a 5 arce property zoned multi family. One house in back needs work is what we are trying to purchase. There is also a newer mobile home in the front part of the property that the MLS said was going to be removed so we just assumed that it was not a part.
Turns out that when the mobile was moved onto the land it was registered with HUD so now runs with the land I assume. The owner has not made the payments on the mobile lately so the bank is working on foreclosing on the mobile.
Question: if the bank forecloses, does that affect the rest of the land now since it is registered with HUD?
I also assume that they can not simply move the mobile off of the property but need to dismantle it to the frame in order to move it now. Is that correct?
Thanks
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is XXXXX XXXXX X will try my level best to help with your situation or get you to someone who can.
.
Question: if the bank forecloses, does that affect the rest of the land now since it is registered with HUD?
.
It shouldn't unless the land is somehow rolled into any loan that is on the property. But typically mobile homes are just financed alone, because they have titles, just like cars, and are considered personal property. So if someone didn't pay their car note and the lender sued them to retake possession, the same thing can happen to a mobile home owner.
.
The only way to know for sure if the mobile home is "bundled" with the real estate it sits on would be to have a title search done to see if there is a lien on the land from the mobile home.
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I also assume that they can not simply move the mobile off of the property but need to dismantle it to the frame in order to move it now. Is that correct?
.
Actually, depending on the age of the home, they can and will just remove it. They typically transport mobile homes on axles that are attached to the mobile home and then removed once they reach their destination and the home is placed on a foundation or piers. But the older the home gets, the less likely they are to do this simply because it can destroy the home to try to transport it this way.

.
Thanks
Barrister
Customer: replied 6 months ago.

As I understand it, if the mobile is registered by the DMV with the yearly sticker, then it can be moved but if it is registered with HUD it can not be moved. It runs with the land. At least that is how it is in mobile home parks. I will have a title search done on this property. that will help. Hopefully it does not run with the land and we can just have them take it away.


I am assuming by what you say that the bank will remove it if they foreclose then right?

Expert:  Barrister replied 6 months ago.
As I understand it, if the mobile is registered by the DMV with the yearly sticker, then it can be moved but if it is registered with HUD it can not be moved.
.
That is correct. If someone placed the mobile home on a permanent foundation and then got a HUD loan to finance it, the loan would normally be on both the land and the home. But if they just bought the home, like a car, it would just be personal property sitting on the land and the loan wouldn't cover the land and the home.
.

I am assuming by what you say that the bank will remove it if they foreclose then right?

.

Correct again. If the buyer doesn't pay the loan on the home, then they would just foreclose on the home and when they get it back, they would have to remove it and then try to sell it to someone else.

.

Hopefully, the owner did not pledge the land as a downpayment along with the home as collateral for the loan on the home so they would just be foreclosing on the home alone.

.

.

Thanks

Barrister

Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 21285
Experience: 13 years real estate, Realtor. Landlord 24+ years
Barrister and 12 other Real Estate Law Specialists are ready to help you

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