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My question regards rules in texas. I am a Manufactured

Customer Question
My question regards *****...

My question regards ***** ***** texas. I am a Manufactured housing community owner, and there is a tenant who is deliquent on rent. They have a rent to own agreement with the person who owns and holds title to the manufactured home. We proceeded to get an unlawful detainer suit and are waiting for appeal period to end, then will attempt to get a writ of possession. The owner is planning on letting the mobile home be foreclosed on, and the tenant surely wont pay what they are due. Is there a way to force to the mortage company to pay us what is owed to take it off the lot? Does a warehouse lien fall into this jurisdiction to actually take title after a certain amount of time has elapsed?

Lawyer's Assistant: PayPal, Debitcard or credit card are all fine. Is the home permanently affixed to the land? And is that land owned by someone else?

No, the home is not permanently affixed and is personal property. The land we own.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that is all

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 19 minutes by:
8/3/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 6 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 121,763
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, while you can place a lien on the property, the mortgage company can supersede that lien as being first to file a lien. It would not be a warehouse lien and while you can place your lien on the property and foreclose on the lien, your lien would remain subject to the mortgage company's pri***** *****en. So you can foreclose on the property, but would still be bound to pay off the first mortgage to clear the lien in order to sell or do anything with the mobile home. You also have grounds to sue the owner of the home personally and seek to get a judgment against the owner and seize their personal property or bank accounts to satisfy your judgment.
You can place a mechanic's lien on the property if it is titled as a mobile home and not deeded and you can hold possession of the home until they pay you what is due to remove the home from your land. Depending on what the mobile home is worth, it is possible the mortgage company may not do anything and force you to take them to court to clear the title or just leave their lien in place meaning you cannot do anything with it until they are paid and they cannot do anything with it until you are paid.
So you are in a stalemate with this type of situation and you can file your mechanic's lien and file suit against the owner for the money due at the same time and get a judgment which you can then place on the mobile home and the owner to secure your mechanic's lien and convert it to a judgment lien.
Of course at this point, with all of this going on, you want to get your local attorney involved now rather than later on this case to make sure you are protected all around.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Law Educator, Esq.
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Category: Real Estate Law
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