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We evicked our daughter from her mobile home which is on our

land. The mortgage company...
We evicked our daughter from her mobile home which is on our land. The mortgage company is foreclosing on it, and she wants our permission to come on our property to strip the mobile home (ceiling fans, dishwasher, metal roof (over old, leaking shingles), etc. before they come and get it. We told her that is not ethically right. What is the legal answer?
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Answered in 4 minutes by:
6/7/2013
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,027
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. That's not legal. Anything that is affixed to the mobile home belongs to the mobile home and is subject to the lender's lien. The mortgage company is entitled to those items under their lien and to remove them would constitute mortgage fraud. You really don't want to be part of that....if you were to allow this, then the lender could pursue not only your daughter, but you as well.



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
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Customer reply replied 4 years ago


She specifically wants the metal roof and claims that the (leaking) shingle roof is the only one the lender is entitled to. She has already removed the refrigerator, stove, heating/AC, and water heater - all of which she has had to replace since she bought the house 15 years ago. Will we be held responsible for the appliances she has already taken? Is it legal for her to take the metal roof and leave the leaking shingle one?

Thanks so much for following up. Anything that came with the mobile home when it was purchased and/or was there when it was financed cannot be removed. You would need to look specifically at the mortgage documents, but in general, the lender will look at this way.... if you were buying a mobile home, are these things that you would expect to be included with the house? If she has taken all these items already, it's likely going to be a problem with the lender....especially with respect tot he the HVAC, water heater and stove. Also, the refrigerator if refrigerators come with mobile homes. The fact that she had to replace these would not be relevant. It would be similar to if you had a car loan and before the car was repossessed, you took the engine and the tires from the car.


This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that it was fine to take everything, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!


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Customer reply replied 4 years ago


I noticed you are in Texas. Do the same laws apply in South Carolina?


 


Just wondering...


 


My daughter can be pretty intimidating when she doesn't get her way.

Yes...although I'm licensed in Texas, I'm very familiar with the SC laws in this area. I am the developer of two master planned communities in SC so I have to deal with the foreclosure laws with homeowners and their lenders all the time.
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,027
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified
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Richard
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,027
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Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

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