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

    Mar 22, 2012, 03:21 AM
    Laws protecting property owners when mortgage company moves mobile home off property
    My mother had a mobile home on our property and she recently passed away. There is a screened porch attached that my husband and I paid to have built. There is hard stucco all around the bottom of the home that will have to be broken up before the home is moved. The mortgage company wants to come get the home. Are they required to clean up the debri from the stucco and anything else and take it off and are they required to remove the porch in tact without destroying it?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 22, 2012, 03:26 AM
    ANY question on law needs to include your general locale as laws vary by area.

    But my guess is that when repossessing the asset, they are required to do minimal damage, but not repair that damage. I would consult with a local lawyer on this. I doubt if there is law specifically dealing with this situation, so finding the applicable law will be difficult.

    They might require that YOU remove the obstructions at your expense within a reasonable time. If you don't their obligation to not damage the obstructions may end.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Mar 22, 2012, 04:18 AM
    I agree with ScottGem. You don't say who arranged to have the stucco, so that question is still open. I don't see them being liable for much at all except for damage to property not attached to the mobile home, and I would hire someone to detach the screen porch before they get there.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Mar 22, 2012, 08:45 AM
    This is some sort of a chattel mortgage? Are they required to go to court to foreclose the mortgage on the MH? If so, the order should specify details about the porch, stucco, etc. If not, go back to court and get those details specified.

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