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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31388
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I purchased a mobile home for $12,500 with $9000 down. The

Customer Question

I purchased a mobile home for $12,500 with $9000 down. The owner and the lien holder are different people. The owner passed away and now the lien holder threatens repossession over $1750. Can I sell the home to satisfy the lien? Does the lien holder have the right to repo? The lien holder acted as Realtor and notary on the contract, but come to find out, her real estate license was terminated. I received a letter from the lien holder stating date of repossession is June 10, 2015. With auction taking place June 30, 2015. We are still in this home and no one came by on the 10th.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. Did the lien holder finance the deal? In other words, did the lien holder loan you the money to pay the seller the full amount of the transaction...and then enter into an agreement for you to pay the money back?
Customer: replied 1 year ago.
There is no paperwork stating that.The agent (lien holder) was supposed to transfer the title into my name for property tax purposes, but still has not done so in over two years. If, for some reason, the report occurs, what happens to my $9000?
Expert:  Roger replied 1 year ago.
A true lienholder would have the right to foreclose/repossess the property because of his/her lien rights. However, I don't understand how this person is an actual lienholder IF he/she didn't loan you the money (or part of the money) for the purchase.
Expert:  Roger replied 1 year ago.
He/she would need some written authority to act on behalf of the seller or proof that you agreed to give him/her a lien in order to have standing to take such action. It sounds like you need to take your documents to a local lawyer and have them reviewed so you can determine exactly what this person's stake in the matter is and what authority this person has........but from a practical standpoint, the lienholder should have had to either loaned you money (in order to have a lien) or been assigned the lien rights of the seller in order to have the rights he/she is claiming.

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