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tonijohnson43 · Aug 31, 2012, 10:11 PM

My husband bought a trailer 23 years ago. His parents talked him into putting it on their property since an acre would be his one day. We have since added on and the home cannot be moved. My husband holds the title to the home and isn't minding his mommy so she is wanting to evict eveyone in our house. Can this happen? He has paid the taxes on all 3 acres at least 3 or 4 times and pays all the water usage for 3 households. They also remorgaged their home and used all 3 acres for collateral. That means if the default on their home, we also loss our home to even though it is paid for. Someone please help. I need some answers and no money to move.

ScottGem · Sep 1, 2012, 05:22 AM

They can't evict you from the home, but they can force you to move it. And yes, if they lose the property in foreclosure, you lose your home.

However, you MAY have a case of adverse possession here. I doubt it because originally permission was given to place the home. I would consult a local real estate lawyer to see if you can use the local law on Adverse Possession to claim a portion of the property.

AK lawyer · Sep 1, 2012, 05:57 AM

Originally Posted by tonijohnson43

... His parents talked him into putting it on their property since an acre would be his one day. ...

Originally Posted by ScottGem

... you MAY have a case of adverse possession here. ...

Promissory estoppel would perhaps be applicable as well. OP's son acted in reliance upon his parents' promise to give him the acre. They are therefore estopped to now deny their promise. That's what I would argue if I were the son's lawyer.

And the motgagee was on inquiry notice of this promise. It should have inspected the property, noted that the improved mobile home was on the property, and asked questions. Since, presumably, the son didn't sign the mortgage, it doesn't apply to his acre.