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srpenn · May 13, 2006, 09:44 AM

I just have a question about the law that surrounds manufactured homes (mh). Our mh loan is due on the 1st, we are generally always late, usually paid on 12th or later. We never not pay, we pay. The company that our loan is through has a guy who is completely rude. He considers it 30 days late if not paid by the 1st (payment due on April 1st date is now May 5, payment mailed 5/11) here are the messages he leaves, because I can't stand to talk with him "Your loan is in default for nonpayment, you need to start boxing up your belongings and moved to the garage, we are taking the house." "I just called you and you hung up on me, that is not a good idea, your loan is in default over 60 days, call back to let us know when you can vacate the premises so we can take our collateral back" (no one was in the home at that of the call, no one picked up & hung up). We are having some financial difficulties, like most families, gas prices, etc. I saw on the internet that mh are treated like cars. What is the default time before repossession is taken? Do they have to send writing documentation before repossesion? Just wondering. I am going to try and make sure we are never late again, because this guy is reaking havoc on my depression. I just want to know the actual law. I live in Ohio the loan company payments go to IL, company is in MN.

RickJ · May 13, 2006, 10:38 AM

Sorry, I can't answer as specifically as you might wish, but...

Start with your contract: What does it say about when the account is past due, when it's in default and what does it say about reposession?

I'd share that recording with the office manager. Ask him flat out if your account is in default - and if that representative is acting in the fashion that the company deems appropriate. If he agrees no, ask him to have that guy removed from your account.

I'd also consider making a complaint to the Ohio Attorney General. I don't know if the guy's thread would be considered "illegal" or not, but it sure sounds like it. I doubt very much that it could be in default if it's less than 60 days after the payment is due.

Again, though, look close at the contract for the grace period on the due date, the terms of the section on "past due" and "default".

srpenn · May 13, 2006, 11:19 AM

Thanks. I will check with the contract. Actually I may have to contact them for a contract since this company took over for another company.

RickJ · May 13, 2006, 11:21 AM

You should have received a copy at the closing. Did you not? Or can you not locate yours?

mr.yet · May 13, 2006, 12:55 PM

Read the original contract that is the one they must follow. The contract you signed will be the correct one. They cannot change the contract without you permission. Read the original contract when you purchased the MH.

Fr_Chuck · May 13, 2006, 04:20 PM

Yes it is the original contract and the rules depend on the state you live in. if this is what we call here a mobile home and it has a title, it is dealt with on the same termes as a car.

If it is a manufactored or modular home, they are normally tied to property like a car ( at least where I am at)

As for as repo, there is no real notice except that you are late over the allowed time in the contract. No matter if someone bought your contact, the original one has to be binding.

I guess my question is why not just start paying on time and all this will stop, if you are always 1 week late, merely find one month extra rent in your budget, and pay two months on one month, then you will always be 3 weeks early after that.

Michelle Dotson · Jun 1, 2006, 05:23 AM

I have a Manufactured Home I am 1 1/2 payments late I received a phone call last night that said I had 15 minutes to make a payment ot the Sherriff would lock the doors the next day can they do that

Dr D · Jun 1, 2006, 08:05 AM

As Fr Chuck pointed out, a Mobile Home on a rented lot has a title like a car, and (I believe) could be reposessed as quickly as a car. A Manufactured Home, or Modular Home (a question of semantics) on its own land would no longer have a title because an Affidavit Of Affixture has been filed, and the whole thing would be treated as real property, not personal property. In that case, the note is secured by a Realty Mortgage which requires a judicial foreclosure, or a Deed Of Trust which requires a minimum of 90 days from the Notice Of Trustee Sale until the sale can take place. For those people in trouble with their payments, the first step is to determine which category they fall into. Good luck.