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    Railrider45's Avatar
    Railrider45 Posts: 5, Reputation: 1
    New Member
     
    #1

    Nov 10, 2006, 10:53 AM
    Writ
    My son has a mobible home and I am a co-signer the trailor is in a park on a lot lease with my son not me. He has quit paying for the trailor so I paying the park wants the trailor moved and back rent on land paid. The park has contacted the mortgage co about moving the trailor. The payments on trailor are up to date. But the mortgage co says that if son does not move the trailor that the mortgage co will move it and repo trailor. Please help me I really don't care about the trailor it junk. But I will pay the note every mo. But who is lible for the moving and back lot rent and the sue me or repo trailor . Please help!!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Nov 10, 2006, 11:34 AM
    Hmmm, This is interesting. I would have to see the provisions of the rental lease to determine what's legal here.

    On the face of it, the trailer park has the right to remove a trailer for non payment. I just don't think they can dump it anywhere. They would have to file an eviction proceeding and once that's granted, then could tow it someplace. Where is the issue.

    I don't understand the mortgage holder saying they can repo if payments on the mortgage are up to date. The only explanation I can see is their trying to protect their interest. If the trailer is dumped, that could affect them, but even if something happens to the trailer, you would still be on the hook for payments.

    As a co-signer on the loan you may be within your rights to have the trailer towed to a place of your choosing until you can sell it. I don't think you would be liable for any back rent due the trailer park.

    But I would really suggest consulting an attorney familiar with mobile homes.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Nov 10, 2006, 11:57 AM
    Hello again Rail:

    Didn't we just do this?

    I see that you've made up the payments. That's got to hurt. But it's going to cost you some more. You keep asking who is responsible for things. It's YOUR SON who is responsible for this stuff, but he ISN'T doing it. And, because you co-signed on the trailer, it winds up being YOUR responsibility, whether you like it or not. Plus, if YOU don't take responsibility right now, it's going to cost you even more down the road.

    No. The trailer park cannot hold you accountable for back rent, unless you co-signed his lease, too. DON'T let the mortgage company repossess it. Then all the payments you just made will be down the drain, your credit will be ruined anyway, and they'll still sue you.

    YOU have to move the trailer. Once it's moved, YOU can junk it, or sell it. You're choice. Yes, I know you're still going to be making payments on it. That's a real bummer.

    excon
    Railrider45's Avatar
    Railrider45 Posts: 5, Reputation: 1
    New Member
     
    #4

    Nov 10, 2006, 12:05 PM
    Thanks I have contacted a lawyer and see it the same way but the mortgage co is bullying me and said would have trailor moved to a location of there choice and repo it am all wet I don't under stand how they can repo when the note is up to date. The moving and the land lease should be my sons I will pay the note thanks again if I am missing something please let me know.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Nov 10, 2006, 12:10 PM
    Like I said, the might be able to repo it under the guise of protecting their interests. So you beat them to it and move it to a place of your choosing until you can sell it.

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