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My mom owner financed a mobile home to a family in Lamar County Ms. They have been late continuosly since the beginning and now they have not paid in over three months. She is on a fixed income and cannot afford to hire someone to handle this. My parents have had to move to AR since Hurricane Katrina washed away their home here. It is not easy for them to travel this far. We have rebuilt our home and are still close enough to help if we knew what to do. How can I help her to reposses this home ?
First you need to read the contract between your parents and the buyer. There should be a clause in there that details what needs to happen in case of default.
My mom owner financed a mobile home to a family in Lamar County Ms. They have been late continuosly since the beginning and now they have not paid in over three months. She is on a fixed income and cannot afford to hire someone to handle this. My parents have had to move to AR since Hurricane Katrina washed away their home here. It is not easy for them to travel this far. We have rebuilt our home and are still close enough to help if we knew what to do. How can I help her to reposses this home ?
Unfortunately my ever trusting mother made this agreement only on a verbal level. She initially accepted a down payment of $1000 with the understanding that the balance would be paid at $200 a month. She does have a witness to this agreement in the form of a bank officer at the branch where where did business when she lived in the area.
Go to the bank manager and get an affadavits from him as to the nature of the agreement. Then you will need to check the local laws. Without a formal agreement, I don't know whether this would be considered a sale, a contract for sale, a rental lease or what. I suggest you get a real estate lawyer in your area to help you unravel this mess.