Ask Me Help Desk - Repo law in Texas

Repo law in Texas

My husband just passed away, our mobile home is in his name, am I responsible for this debt?

My Husband died this month, our mobile home loan is in his name, am I responsible for it?

You are in the sense that if the debt payments are not made when due the creditor (assuming properly secured with a lien on the MH) can repossess the MH.

If you signed a promise to pay the purchase price (a promissory note or sales contract), you are personally liable as well.

Repo law in Texas

I did not sign the note, only my deacesed husband. .

Quote:

Originally Posted by donna34056

I did not sign the note, only my deacesed husband. .

What's being repoed? Or are you asking about foreclosure?

If it's a vehicle that you're talking about, your husband signed the note, he is deceased, you are not willing or able to take over the payments, yes, it will be repoed. The vehicle doesn't become a sort of "gift" to you because the person who took out the note died.

Or are you asking about foreclosure (which is pretty much the same)?

Regarding repo in Texas

My husband died on the 9th of this month, I contacted Green Tree to see if there was credit life on the policy, They were very rude to say the least, I asked them see, they said only that he signed for insurance, asked again was credit life denied. They said it was left blank... So what are my grounds, since I did not sign on the note. I'm looking for our copy of the contract, but after 18 year, Im afraid, if I asked for a copy they could white it out, for their benefit.

Quote:

Originally Posted by donna34056

My husband died on the 9th of this month, I contacted Green Tree to see if there was credit life on the policy, They were very rude to say the least, I asked them see, they said only that he signed for insurance, asked again was credit life denied. They said it was left blank... So what are my grounds, since I did not sign on the note. I'm looking for our copy of the contract, but after 18 year, Im afraid, if i asked for a copy they could white it out, for their benifit.

I have no idea what you are asking about - what note? What is Green Tree?

Please don't start a new thread each time you have a comment. I've combined all of your threads so everyone will know what you're talking about.

Quote:

Originally Posted by donna34056

... I contacted Green Tree to see if there was credit life on the policy, ... They said it was left blank... So what are my grounds, since I did not sign on the note. I'm looking for our copy of the contract, but after 18 year, Im afraid, if i asked for a copy they could white it out, for their benifit.

Grounds to assert that there was credit life insurance? If you don't have a copy, you don't have any.

Ask to see the copy. I don't really think they would white it out just to defraud you of the insurance benefit. That would probably be criminally fraudulent. Do you really suppose someone would risk prison in order to foreclose on a mobile home? But in an extreme case, you could ask to see the original (if they still have it) to determine if it was altered. This could be done in the course of a lawsuit by a records deposition.

Come to think about it, if he had opted for insurance, that would be reflected in the payment history. Itherwise, it wouldn't make any sense to white-out the election before any payments had been made, now would it?

Quote:

Originally Posted by JudyKayTee

I have no idea what you are asking about - what note? What is Green Tree?

A lending company.

Green Tree in the US is a major lender for mobile homes ( trailers). They have titles like cars.

After 18 years this mobile home should almost be paid off.

What do you want to do ? Do you want to move or do you want to keep it. Can you afford to make the payments ?

But the mobile home goes into his estate, the estate is liable for paying th loan, and/or making the payments. Other property and money in the estate will need to go to pay his loans, before it is given out to anyone else.

You have the right to see the document signed, ( and should have a copy somewhere)

Also Green Tree could care less ( actually they would like there to be credit life) it is not them that do the insurance but a third party company, So Green Tree wants there to be insurance

Quote:

Originally Posted by Fr_Chuck

Also Green Tree could care less ( actually they would like there to be credit life) it is not them that do the insurance but a third party company, So Green Tree wants there to be insurance

Exactly. And, as I say, since the third-party insurance is paid out of the loan payments, those insurance payments would be evidenced in the loan payment history.

Quote:

Originally Posted by AK lawyer

Exactly. And, as I say, since the third-party insurance is paid out of the loan payments, those insurance payments would be evidenced in the loan payment history.

Correct, there will be pages to explain every payment made, accounting for every penny. And what makes up the payment, interest, closing and insurance if included..

It is rare for it to be turned down, unless he was on his death bed almost. When you apply

Quote:

Originally Posted by AK lawyer

Exactly. And, as I say, since the third-party insurance is paid out of the loan payments, those insurance payments would be evidenced in the loan payment history.

So can I ask to show me this in the loan payment history,

The trailer is in the estate, have you opened an estate and are you over it ? If so , you halve full legal rights to this and can demand it. You may have to prove your legal status as to your right to this information.

Quote:

Originally Posted by Fr_Chuck

Correct, there will be pages to explain every payment made, accounting for every penny. and what makes up the payment, interest, closing and insurance if included..

it is rare for it to be turned down, unless he was on his death bed almost. when you apply

This is why I asked the qustion to Green Tree, my husband would not have turn down credit life, we owe 20K left on this note.. its not worth it.

Quote:

Originally Posted by Fr_Chuck

The trailer is in the estate, have you opened an estate and are you over it ? If so , you halve full legal rights to this and can demand it. You may have to prove your legal status as to your right to this infomation.

I don't undertand open an estate. I have not probated his will, if that what your talking about.

First my condolences on your loss. But you need to explain what you want here. From your initial posts it appeared you want to walk away. But now I'm not sure.

Yes, you can ask the lender to show the history. Also do you have statements? The statements may show a breakdown of where the loan payments go. As noted, Green Tree would prefer there be insurance since that means they recover the balance instead of repoing the home.

While you are not personally responsible for the debt, his estate is. So you can't take anything out of the estate, until the debts are paid. Also at issue is how the home is titled.

If you want to stay in the home, then the estate should continue to make payments until the insurance issue is resolved.

Quote:

Originally Posted by donna34056

I don't undertand open an estate. I have not probated his will, if that what your talking about.

If he had a will naming you as executrix, you would apply to the probate court to be appointed. Or, if there was no will, you would still apply to be appointed personal representative. That would give you authority to act for the estate.