I have my mobile home financed through Green Tree Financing. I have had numerous problems with them. I have now been served with papers saying I am being sued. The mobile home is about 14 years old and in very poor condition. The papers say I owe 42,000.00 on this home. Am I protected under the homestead laws at all. The papers say they will serve me with a writ of execution. What does that mean? How do I get out of this mess?

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Originally Posted by cnmclean

I have my mobile home financed through Green Tree Financing. I have had numerous problems with them. I have now been served with papers saying I am being sued. The mobile home is about 14 years old and in very poor condition. The papers say I owe 42,000.00 on this home. Am I protected under the homestead laws at all. The papers say they will serve me with a writ of execution. What does that mean? How do I get out of this mess?

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What State are you in? Are you saying you don't owe $42,000 or the home isn't worth that much? What is your defense to the debt? Have you been making the payments as required?

Sorry for the questions but without more info it is impossible to know exactly what is going on here.

A Writ of Execution allows a US Marshall to collect on a Judgment - have they obtained a Judgment against you?

The Homestead Law - if it exists in your State - means your home cannot be taken in payment for another debt. It does not apply to mortgage debt.

Judy, thanks for your help. I am in TX. Yes I owe the 42,000. No, the home is not worth 42,000. I had gotten behind last year and was making extra payments toward the past due balance. I was sending 6 months worth of checks at a time and going about my business. I know this sounds terrible but I do not balance my check book I go online and check my balance. I had sent January through June payments when in May I received all of the checks back. They never cashed them and I had not noticed. At that point I started sending the money to the home office instead of through the collection agent who returned my payments. I have not paid all of the money I owe yet. We were served papers notifying us to appear in court.

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Originally Posted by cnmclean

Judy, thanks for your help. I am in TX. Yes I owe the 42,000. No, the home is not worth 42,000. I had gotten behind last year and was making extra payments toward the past due balance. I was sending 6 months worth of checks at a time and going about my business. I know this sounds terrible but I do not balance my check book I go online and check my balance. I had sent January through June payments when in May I received all of the checks back. They never cashed them and I had not noticed. At that point I started sending the money to the home office instead of through the collection agent who returned my payments. I have not paid all of the money I owe yet. We were served papers notifying us to appear in court.

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If you wrote checks which never cleared and never checked your balance, believing the checks HAD cleared, hopefully that money is still sitting around somewhere.

Sounds like they are going to try to get a judgment and also foreclose.

Maybe because of the economy and housing they'll be more cooperative than they would otherwise - what's the housing picture like in Texas?