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    swalding's Avatar
    swalding Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 24, 2016, 05:22 PM
    How to reposses owner financed mobile home
    We owner financed our mobile home, but the dude got arrested and is jail. He hasn't paid his payments in three months, has moved a friend in without our permission, and changed the locks on our doors. We have posted a Notice to Vacate, but obviously that won't happen if he is in jail. Amy advice would be greatly appreciated!
    hkstroud's Avatar
    hkstroud Posts: 11,929, Reputation: 899
    Home Improvement & Construction Expert
     
    #2

    Feb 24, 2016, 08:28 PM
    has moved a friend in without our permission, and changed the locks on our doors.
    He can do that, it is his home. He is the owner. You hold a lien on it.

    have posted a Notice to Vacate, but obviously that won't happen
    At this point in time you have no authority do do that.

    In most states mobile homes are titled through the Department of Motor Vehicle. You don't have a deed like you would on a piece of property or land. You have title to it.

    You have to repossess it just like you would a motor vehicle.
    I don't know how you do that. You could call the DMV and you might get some help. You could call a local finance company (one that finances cars, used car dealers) and you might get some help on what you have to do to repossess.

    Other than that you call a layer. You probably won't need the lawyer to do it for you but you will need him to tell you the process.

    After you have title you can evict the resident.

    Now, if you did this sale by just an agreement between the two of you and did not sign over the title, you can probably evict the resident. Go to local court or magistrates office and get unlawful detainer warrant.

    Best to ask lawyer first.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 24, 2016, 10:33 PM
    When you did the owner finance? What type of loan documents did you use?
    Did you really put the title of the home in his name? On owner finance you never change the actual title, till that last payment is done, makes repo so much easier.

    But best now, you hire an attorney to file the papers in court for a hearing to get a order to repo it. Then notice will be given, he will have time to bring all payments and changes up to date, and if not, a time to get all of his property out.

    Once you repo, you will have to safety secure his property, for him to retrieve.

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