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latenant

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Posts: 3
Reply with quote  #1 
My daughter and son in law has received eviction papers to go to court. They are renting a lot in a mobile home park. However, they own (buying) the mobile home sitting on the rented lot. How does this work? How can the landlord's property (possession's) be returned to him if their mobile home is sitting on it. They only have 4 or 5 payments left on the mobile home before it is paid off. Can the landlord in any way take possession of their mobile home. Please tell me the process in this situation.


Thank you very much.
Worried mom in Louisiana.

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Cheryl A. Lamonica
OHlandlord

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Posts: 3,804
Reply with quote  #2 

Why are they being evicted?  Do they have a lease to own agreement?  Many LTO agreements state that if any payments are late, the contract is voided and all monies paid toward the home are lost.  Read through the LTO agreement and look for such a clause.  If they have been late with payments, they may not be buying the trailer any more.

latenant

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Posts: 3
Reply with quote  #3 
They rent the lot in the trailer park only. The mobile home is financed through the bank and has no connection to the lot. They are being evicted for non payment of rent (lot only) and for not removing an automobile that doesn't run. My question (I think) is that the eviction is for them to return to the LL his posses ion (this case the lot). But how can they return the lot if the mobile home is on the lot. Will they be allowed to move the mobile home?

My thinking is
1) The LL wants to get rid of them and they will be allowed to move the mobile home by whatever deadline they get in court, or
2) The LL  will put a lien on the mobile home for nonpayment of rent??
If so what happens then?

The mobile home loan payment to the bank is in good standing and there are only appox. 5 payments before it will be paid for. Own (or buying mobile home), renting lot. 

My daughter is in an abusive relationship and her husband was arrested and put in jail Tuesday for beating her again. Will the judge possibly give her a little more time given this latest change of circumstance???

Thank you so much for your help and time, I really appreciate it in this very stressful, trying, emotion filled time. It's hard to think clearly, and I appreciate the information.

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Cheryl A. Lamonica
OHlandlord

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Posts: 3,804
Reply with quote  #4 
Since the ownership of the MH is not connected to the lot, the will be required to remove the MH from thew LL's lot to another space/lot somewhere else.  The purchase of the MH is unaffected.  Once evicted, the LL can obtain a monetary judgment for the unpaid rent and any damage to the lot (like towing fees to remove a junked car, or tearing up the lawn).  Once he obtains the judgment, he can put a lien on any property they own (such as the MH, or a car in some places).  The judgment will remain on the home and their credit reports until it is paid off.  This WILL affect their credit greatly.  Anything they try to buy on credit will cost them increased interest rates because of this.  They may be turned down outright for some purchases (like trying to buy land to put that MH on) until his judgment is paid.  He can also garnish wages or bank accounts in some areas to get his money.   Items with liens on them cannot be sold, refinanced, etc. until the lien is paid off.  Or, if sold, the lien money will be taken out of the purchase price, before your daughter gets paid for it.  It would be best if she works out a payment plan with the LL and moves the trailer as soon as possible.  This mat help save some of her credit.  I doubt your daughter's relationship or troubles will have any effect.  They didn't pay their lot rent.  But the judge should realize that this is a MH that has to be moved and grant her more time than if she just had to pack her things out of an apt.  Moving a MH is a large job that must be done by specialized people.  It takes time to line these people up.  She should start looking for another lot somewhere now, so she can hire the movers as soon as possible.
latenant

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Posts: 3
Reply with quote  #5 

This is what I need to know. Thank you again for help. I truly appreciate it.


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Cheryl A. Lamonica
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