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    knucklesc's Avatar
    knucklesc Posts: 1, Reputation: 1
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    #1

    Dec 29, 2011, 09:01 AM
    What are laws for remanufactured home repossession in Georgia?
    I need to know what our rights are if a bank repossession our mobile home. Do we have any time to collect the contends from within our home?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Dec 29, 2011, 09:35 AM
    A mobile home is different from a manufactured home under the law.
    A mobile home is considered a vehicle if it is sitting on land you don't own. It can be repossessed without regard for your possessions and without warning, like a car.
    Which is your situation?
    IF you have a home with a mortgage, not a mobile home loan, call:
    1-800-569-4287 (HUD central number for general info)
    1-888-995-HOPE Local GA number

    Otherwise be prepared for being towed away with no notice.
    It is ALWAYS best to go talk to your lender.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Dec 29, 2011, 05:50 PM
    Sorry joy but a mobile home IS a manufactured home. The difference between a manufactured home and a modular is the flooring. And the modular home would qualify for a regular home loan or mortgage whereas a mobile home or manufactured home never qualifies for a mortgage unless the home is a double wide on a full basement. I should know the difference having worked as the office manager at a manufactured/modular dealer.

    And no, it cannot be repossessed like a car. There has to be a court hearing where the lender sues the defendant for reposession. Then the judge gives the homeowner time to vacate and if they don't have an order of removal signed then the defendant can keep staying there until the lender goes back to court and gets the order of removal of the defendants. (At least in OHio you can keep living there until the sheriff shows up with the right order).

    Usually the defendant has plenty of time to remove their possessions unlike a car repo which is totally different where they can literally tow the car away with a towtruck.

    Even if the mobile home is sitting on land you do own it is still considered a mobile home or manufactured home and must have the required court hearing.

    It takes time to literally prepare a manufactured home to be removed from a property whether you own the land or rent in a park. They just can't come and hook it up to a truck and be gone in 10 minutes or less. Sorry, doesn't work that way in real life.

    Sometimes the lender leaves the home where it is set up and tries to sell it as it is too costly to move elsewhere.

    The modulars with mortgages still must go to court and have a judge enter a repo order just like they would a stick built home.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Dec 30, 2011, 03:43 AM
    No one said anything about modular.
    According to the state website, mobile or manufactured homes which have filed a Certificate of Permanent Location are treated differently from those which don't. Foreclosing on one that does requires a Certificate of Removal from Permanent Location. It then becomes a vehicle again whether it stays put or not.
    Whether the lender tows away or locks the door, the occupants lose what's in there. They have had a minimum of 30 days warning and 4 notices in a local paper.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #5

    Dec 30, 2011, 03:48 AM
    And regarding your statement about going before a judge:
    "Georgia is a “non-judicial foreclosure” state. That means the lender can foreclose on your home without filing suit or appearing in court before a judge."
    That is from the GA AG's website.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Dec 30, 2011, 11:27 AM
    If the home has it loan attached to the property, then it will be foreclosed on. But if it has a title then it can be repo'ed

    But to get to your question, they take possession of it first. And then will give you notice to get your personal items from it. You could come home to find it moved or padlocked.

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