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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36588
Experience:  16 years real estate, Realtor. Landlord 26 years
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I live in Kentucky... In February 2014 I was served with

Customer Question

Hi there. I live in Kentucky... In February 2014 I was served with foreclosure papers because I had fallen 4 behind on my mortgage. We were able to resolve and get caught up. That was 2.5 years ago. I recently became 2 ...yes 2 months behind on my payment. I actually made those payments TODAY. After those payments were made, the bank called and said they were coming to pick up the mobile home Friday ( in 2 days. ) Can they do that? Is that legal? The last paperwork we got about it was 2.5 years ago. We have been in contact with the bank, and she has told us that we cannot do anything about it because she makes the rules, etc. Etc.
So much time has passed since the initial start up of this, and we stayed current during that time. Can they really just up and do that?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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How did you make the payments?

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Did they accept the payments to bring the loan to current?

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Or do you owe additional money for any late fees, payments, or other costs?

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thanks

Barrister

Customer: replied 10 months ago.
I made the payments with checks (and kept the receipts.)They accepted the payments 2.5 years ago. They let us set up a 30 day payment arrangement to get it caught up back then. We had it done in 14.This time the bank called to let us know we were 2 months behind, almost 3. That we needed to make a payment right away. So we did...that day (july 28th) she told us we needed to get caught up before September 1st rolled around or it would be 3 months behind as of then and we would face "legal action.". The bank said we owed 524.36 for those 2 payments (counting late fees) I wrote the check for $550.00From my stand point, our loan is now current until September 1st. So how is this possible? She seems to think that because of the original process 2.5 years ago, that they don't have to give us any warning or anything. (Unless you count 2 days as notice.)
Expert:  Barrister replied 10 months ago.

This is going to depend on whether they accept the payments and post them to your account or they return them to you and then try and repo the home.

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From a purely legal perspective, a mobile home is personal property just like a car and if you become delinquent on the payments by even one day, they can take action to repossess the home. Typically they don't like to repo mobile homes because of the way they depreciate and they have to store and then sell them and sue the borrower for any deficiency.

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But if you paid the money at the bank personally and they accepted it, then that would cure the default and reinstate the loan and you should be fine.

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With all that said, I kind of doubt that they would be able to arrange to try and repo the home on Friday as that isn't enough time to get someone lines up to come and do it. So whoever the bank representative that you spoke with is likely just bluffing you to try to get you to make the payments to bring the loan current.

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I would contact them tomorrow and let them know that the payments have been made and they should receive them within a day or two if you mailed them in.

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thanks

Barrister

Customer: replied 10 months ago.
They were made to the teller at the bank.
The lady we spoke with, Kim. Is the one who deals with all of their repo and fixing of mobile homes. I assume that sense the teller took my payment and gave me a.
receipt that it was posted to the account.Kim says there is nothing we can do. That the movers will be there at 8am Friday morning. Rain or shine. (Weve had loads of rain.) She called the neighbor and asked for permission to pull it through their yard. She was told no, they would have to wait for the ground to dry. Apparently she told the neighbor she could do it anyway, and they would mail her a check for the damages. I can't believe that they can give a family 2 days notice, can they?
Expert:  Barrister replied 10 months ago.

Ok, good, if they accepted the payment, then you cured the default and they have no legal grounds to repo the home now..

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So this sounds like a pure bluff to me as the neighbor could sue them for damages to their yard and for trespass to property and they would win. Kim would get fired for violating the law and putting the employer at risk..

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I don't see it happening since you cured the default...

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thanks

Barrister

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