Posted: Fri Jun 27, 2008 6:52 am Post subject: reposession of MH
I hold the note on a MH in Florida. The buyer is in default, filed for bankruptcy(denied). What do I need to do to repossess and get him out? Can he just be evicted?
Posted: Fri Jun 27, 2008 9:40 pm Post subject: RE: manufactured home repossession
Welcome Mcgeegrace.
What type of bankruptcy has the buyer filed? and did he include the mortgage on the mobile home? you need to ask him about it. Whether you can evict him or not will depend upon the eviction laws in your state.
I would pay a small consult fee and see what an attorney has to say on this.
You do it wrong and they will own the place. It seems the courts are always looking out for the innocent tenant in cases these days _________________ Licensed Broker 50 states http://www.aimwithfocus.com
Need quick advise email or PM Glad to help
Posted: Mon Jun 30, 2008 7:06 am Post subject: They filed chapter 13
The buyer filed chapter 13...yes the MH was listed on the Bankruptcy. The bankruptcy was denied, as they didn't make any payment to the trustee. It was just a delay tactic.
The bk-13 is denied. So you can foreclose if the borrower cannot pay you but isn't he getting approved for any repayment plan? You should talk with him and find first whether he is willing to pay the debt off with any repayment plan. By the way you should definitely talk with an attorney before you try to repossess the mobile home.
Let me know if you have any further queries. _________________ Good is the Enemy of Great.
Posted: Tue Jul 01, 2008 5:20 am Post subject: reposess MH
They had a payment plan with the Chapter 13....however they only made 1 payment, fell behind, never made another payment and the court then denied the bankruptcy for failure to keep up with arrangements. There is no land involved in my transaction with him. MH's are sold with a title (which I am holding) similiar to buying a car. You pay it off...you get the title. They had to have a 1 year promissory note with a balloon at the end. They have not paid me a dime in a year and half. Of course during the bankruptcy time, I was not allowed to contact them. They have contacted me in the last week wanting to have me sign over the title, so they could use the MH to get a loan
I feel you have done owner financing right? So you should not sign the deed back to them because after signing the deed to them if they don't pay you then you cannot do anything. I feel you can repossess but consult with an attorney and take his guidance on this regard.
Let me know if you have any further queries. _________________ Good is the Enemy of Great.
mcgeegrace
