Our house is a double wide trailer and we own it but we lease…

Hello Lucia

I'm sorry about the situation you're in.

Firstly, something about what you said doesn't smell right, and it's this: What does your mortgage broker have to do with anything?

Mortgage brokers are simply people in the mortgage business with a lot of contacts who will find the best mortgage for you. They aren't the bank and they aren't lawyers. They are strictly middlemen.

So, if your mortgage broker says that you have to leave not only the property but everything in it, then I call BS on that.

The broker is more beholden to the banks or private mortgage lenders that he or she knows than to you. They often take a cut from both sides, charging you and the mortgage holder a fee for their service. Sometimes they are literally the mortgage holder or an employee thereof, or at least get a finder's fee whether or not that's the best mortgage for you. Sorry, but I trust them as far as I can spit.

If the mortgage broker is telling you that you have to leave everything behind, the broker is probably in the pocket of the mortgage holder or bank, and the broker wants his client on the top end to lose the least amount as possible. So if the broker can convince you to leave everything behind, that's more for the mortgage holder to seize and sell so they get more.

Let me make one thing clear: I may well be wrong. But I suspect not.

The mortgage holder has a claim on the title to your property. That does not include your goods on the property, nor anything that isn't attached to the property, like an above ground pool. The simple rule is that if you wanted to attach something to your property or place something down permanently (like a grounded garage with a cement floor), you'd need a building permit and it would then be part of the real estate. If it isn't attached to the property then it's not a "fixture" and you can move it. It's part of your goods. Your goods include appliances, drapes, everything else you own and have put in. A fixture is something that to remove would either cause damage to the real property or substantially reduce it's value. For example, you could remove all the light bulbs but not all the faceplates on the electrical outlets as that would likely damage the trim and paint and they are literally attached to the wall. You could take out your throw rugs but not the installed wall-to-wall carpets. You could take out your assemble-yourself gazebo that's just sitting on your yard or your floating deck, but not if it's attached to the home.

I can't tell you definitively, Lucia, because I haven't seen your mortgage contract. But I suspect that your broker is trying to snow you into leaving your stuff behind to the benefit of his other client, the mortgage holder. If you're in doubt go see a real estate lawyer in your area and bring your documents with you for a firm opinion that shouldn't cost you much.

I'm sorry that you're having to walk away from your home. Good luck.

Ulysses

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