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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102584
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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My mother passed away and her mobile home is on our property

Customer Question

my mother passed away and her mobile home is on our property not tied to the home the loan company is putting a lien on the house they are not picking it up, can we charge them a storage fee for not picking it up
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

Technically, you charge her estate a reasonable storage fee for anything left on the property past the leasing term. So it would be her estate that would owe the money. This can be secured by placing (another) lien on the mobile home if you sue for judgment and win.

If so, then the loan company may have to pay the amount to get clear title to the mobile home, eventually.

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Customer: replied 2 months ago.
their is no estate in her name
Expert:  Ely replied 2 months ago.

The mobile home is in her name as owner with the mortgage, right? So that is her estate, even if it has little or no money.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Customer: replied 2 months ago.
its all in her name, and she owed on it they said they was coming to get the mobile home we went to the courthouse and sent a reply to tell them to come and get it, they where sending people out on our property and was going to lock our gates on our own property we told them to leave our property that this is our property the trailer is theirs, so they wanted to sell the trailer on my property we told them to remove it and they are telling us its to expensive to move so they are going to just leave it and put a lien onit
Expert:  Ely replied 2 months ago.

Okay, then my answer stands as is. You can levy a reasonable storage fee against her estate and then eventually get a judgment. If so, you can place a lien on the mobile home. If so, then the lender - if they end up wanting the mobile home after all - would have to pay it to get a "clear title" to the mobile home.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Customer: replied 2 months ago.
we filed a response to summons March 18th at the courthouse so should we charge for storage since March
Expert:  Ely replied 2 months ago.

I am not sure what kind of summons you received and what kind of response you filed. However, that does not take away from your ability to charge for storage. Correct.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Customer: replied 2 months ago.
the summons was for removal of the home, we filed in the courthouse for them to pick it up and agreed to their claim and now they said it was to expensive to move
Expert:  Ely replied 2 months ago.

Thank you. Then my answer stands as is. So same applies.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Expert:  Ely replied 2 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!