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bacardi4me · Oct 14, 2011, 01:17 PM

My mother-in-law was in the hospital for over a month. She's now home but will not be going back to work as she is very ill with cancer. She has a mobile home in Michigan in a mobile home park. She has a title to the mobile home. She had a small social security payment and gets monthly from her deceased ex husband and right now that is her only income. The Oct. payment could not be made for the mobile home loan and we have called the company she has her loan through. They will not work with her at all. If they would even defer 2 payments, she would be fine. They will not.

So in Michigan what are the repo laws or how does this work? How long do we have to get her out of there? I know she will probably need to file bankruptcy in the future because of this.

cdad · Oct 14, 2011, 02:57 PM

What is the unltimate goal here? If it is keeping the home then she should be talking to a bankruptcy lawyer now and get things lined up. If she is letting it go then she should be making arrangements for moving and working on a voluntary repossesion.

First you need to know what the goal is and once you define that then there may be suggestions to move forward to that goal.

bacardi4me · Oct 14, 2011, 06:32 PM

She will not be able to afford to keep the home.. She went from about a $2000 month income to about $900 a month. She was in the hospital from Sept 2nd until Oct. 12th. She has called to try to talk to the loan company and they just demand she make her Oct. payment.. They do not want to even discuss anything else with her. Called again today and had them on speaker phone, same thing.. very rude, just want the payment and will not even listen to what she is saying.. Takes $ to move which she doesn't have allot of right now and she is very ill,tryign to find some apt.'s and get applications but she needs to be in a senior income based apt. so that is why I am asking how long she has before they repo it.. do they have to take her to court first etc..

twinkiedooter · Oct 15, 2011, 01:14 PM

Yes, the lender must take her to court for the reposession of the home. Depending on how quickly they turn this matter over to an attorney's office and file the paperwork in court and have the hearing this could take a few months to accomplish. My one neighbor here in Ohio stopped paying his home loan in September, the loan company sent a written demand for the two late payments in November, the loan company retained an attorney and the attorney filed the paperwork in the court in January and the final hearing was in April. The attorney's office did not get an Order of Removal but just simply the Reposession Order. My neighbor didn't move out of the property until end of May. The cops could not force him out of the house due to no Order of Removal entered.

Your mom's loan company may move as slowly as my neighbor's did, or move faster, just depends on how backed up the attorney's office is with reposessions.

Has anyone from her family gone to the local resources to see if they could pay her home loan for one month? The Salvation Army can sometimes pay lot rent and/or mobile home payments but they need proof that mom was in the hospital. Not hard to prove if you have hospital bills, etc. discharge paperwork. Also some counties have financial help available. Give your county a call and find out if there is any money available in your community for this pressing need.

Is she up to date with the park rent?

AK lawyer · Oct 15, 2011, 01:45 PM

I was looking at the Michigan statutes earlier, and unfortunately I cannot find the procedure for repossession of a mobile home by the seller (Michigan is one of those states for which the codified statutes are a horrible jumbled mess.). So I cannot tell you how long it would take if the seller decides to go for it immediatedly.

But let me suggest that the seller may not want to repossess it. They may be using the strategy of not working with her in order to pressure her to come up with the delinquency right away, but that doesn't mean that they will move on it immediately.

Twinkiedooter has made some good suggestions for getting help on this problem.

bacardi4me · Oct 15, 2011, 03:24 PM

Thank you for your answers, yes she is up to date on her mobile home park rent. The loan company is just horrible to us on the phone. And they pretty much said she would only have a few weeks but I just could not see that being true. As she is not even 30 days late on her payment yet. We just need about a month to get her out of there...

Thank you again for your replies, it is appreciated.

twinkiedooter · Oct 16, 2011, 10:37 AM

You should not have called the loan company but waited until she was technically late with her payment. Most mobile home lenders are in no big hurry to repo the homes lately because once they repo the home, they are responsible for the lot rent while they are trying to figure out what to do with the home, sell it, or haul to the junk yard depending on the age of the home. Most MH's need a lot of repairs to bring them up to saleability again and lenders will not put that kind of money into an older home. They have already made their money off the home so they are not interested in putting any more money into the home.

Mom will get deliquent notices from the loan company as soon as she misses a payment.

You will have the month you need and then some to have her move out.

kaylie2430 · Mar 27, 2012, 04:54 PM

I have a question. I also am having issues with my mortgage company on my mobile home in a park. They are looking to repos the home. My situation was I made $25.00 an hour when I bought the home. Due to a house fire we were in I suffered from Post Traumatic Stress Disorder an clinical/severe depression and have had to be hospitalized several times which caused me to leave my job. After a year I tried to go to work again but was only making $14.00 an hour so there is a significant loss of income. Do I have any leg to stand on when they take me to court due to severe financial loss due to medical condition