any advice would be helpful...

[purplepshn2004]

Hi all, maybe it's not appropriate to post this here, but I have a question/need help!  To try to make a long story short, we are renting to own/lease purchase agreement our mobile home in Alabama.  We have lived here for 10 months now.  The land the trailer is on is being being bought by two women together.  They are buying a house and 6.5 acres of land on which our trailer sits that one of them purchased.  Yesterday, we got a call from the women that owns the trailer that we are supposed to be buying it from.  She informed us that we have 30 days to get out as she is bankrupt and the other women is leaving (neither can afford it any more).  She said she is taking the trailer and finding somewhere for her to put it to live in.  What are our options, can she take it away from us since we have been making payments?  Would she have to reimburse us for the monies we have paid her towards it? 

I have been searching the internet on Alabama laws and not able to come up with anything.  Can't contact any departments as it is a weekend.  We are beside ourselves...

Anyone out there with any knowledge with something like this??

I've never had any problems like this before and with my fiance being on workers comp and the assholes quit paying him two months ago, we are in a panic.

Thanks to any who may offer some advice.

[Mikey]

I'm no lawyer, so take what I say with a grain of salt.....perhaps 2 grains... 

Laws pertaining to eviction will vary from state to state and sometimes even from city to city.  Don't leave voluntarily.  Force them to evict you.  Out here it can take close to 2 months to evict someone.  In the meantime check to see if you can get Legal Aid assistance or other help, perhaps from renter advocates, in your area.  Your next option is to go to court, usually called "small claims court".  Most states set the amount as to what you can sue for in small claims court so you will have to check with your state.  I think it's now 7k here in CA. 

[Sunbeam56]

If you didn't have a written contract, you are in trouble.
Go to Legal Aid - or most Bar Associations have a Young Lawyers Association that will provide free legal assistance, too.

[Esther]

Same thing here Mikey. We as landlords have discovered that the tenants have more power when it comes to eviction than we, the owners. First they have to have not paid their rent and be past due at least 5 days. Then we  have to give them a 7 day notice that they either pay up or get out. Then if they don't pay, we have to pay the court to serve them with an eviction notice that gives them 30 days. Then if they don't get out, there's another court procedure and takes about another 30 days to actually get them out. Or we can just plain evict them and that takes two months too, shortens up the procedure by about 2-4 weeks, depending on how quickly the courts and their people move.

I agree that you need legal advice. Who's name is the trailer actually in? Seeing you said rent to own/lease agreement, it sounds like you have some type of contract. Rent to own and lease to me sound like two different things but like Mikey said, terms and possible contracts will vary not only by state but by the contract itself. We have noticed that even when we explain our contract with tenants, later they say we said something else. So what you thought they said may have been different than what the contract actually said.

I used to work at a bank and home equity loans were a big part of what we did. Customer applied for a HE loan and when I ran the credit, I noticed there was a sizeable loan at the bank next door and the customer hadn't told us about it. I called the customer and they said they had a loan at that bank for their travel trailer but they had just paid the last payment the previous month. What I saw on the report was over $10,000. I just remember it was sizeable. Anyway when I called the other bank it turned out the people had signed up for a balloon payment but seeing it was processed through the RV dealer, the dealer misled the customer and they thought it was all paid for, seeing they had paid for the last coupon. They in fact had no idea they had agreed to a balloon payment and weren't even familiar with the term when I told them what they had signed for. These weren't kids either. I'm guessing they were in their mid 50s so thought they would have realized it couldn't have been paid for in such a short time.

I'm just saying that contracts or legal things often aren't something most people deal with. They can  either easily misunderstand the legal mumbo/jumbo or be easily led to misunderstand. So before you panic too much, have somebody read your contract that knows and understands that language. Maybe you are in a good position and the owners are trying to dupe you out of it. Trouble is, if they sell the land out from under you, even if you have the right to the trailer, you'd have to move it. And if the trailer owners have filed bankruptcy, and the trailer was still in their name, I don't think you have a hope. But again I am not trained with this stuff, just have had a little on the edge, exposure.

[purplepshn2004]

Thanks Mikey and Sunbeam,

We do have a contract, but the thing is, it was never signed (finalized).  One of the ladies wanted to make a few changes (her hand writing is on it).  

We will be trying to contact a lawyer as soon as we can to see what our options are.  

I will check up on legal aid assistance, etc., as you suggested Mikey.

Thanks again...

[purplepshn2004]

Esther,

The contract which was drawn up and printed out (not signed, as I said above, because of changes) states on the top:  originally - Sales Contract/Rent to Own, changed to - Lease Purchase Agreement.

The woman going into bankruptcy owns the trailer.  She said her lawyer told her she could take it and move it to live in.  I'm wondering if she told him/her that she is selling it?

The agreement has the mobile home information - size, type, location, sales price, etc.
Also states it does not have to be moved.

I realize that if they are losing the land, we would then have to move the trailer, which poses a new set of problems.  I guess our main concern is getting reimbursed for the monies we have already paid toward it and the things we did to fix it up already (although nothing huge at this point).  Also the fact that 30 days to get out is not very realistic.  It takes time to find another place as far as affordability, taking pets (we have two dogs and two cats), my pond fish and several pond plants (all of which I do not want to give up to move into an apartment.  Though, I realize that having somewhere to live is the main thing.

Thanks for your help...

[Mikey]

I don't know your financial situation but also consider purchasing a home.  The bottom has fallen out of the housing market due to the selling of junk loans.  Many people are just walking away from their homes and letting them go into foreclosure because they can't make payments and the house is now worth less than when they bought it.  Now is the time to purchase one of these homes because you would be in the driver's seat.  Purchasing a mobile home is like purchasing a car in that it immediately starts loosing value and will continue to loose value over the years.  Homes on the other hand are an investment that over time will gain in value.  For example, my home is now worth at least 7X more money than it was when I purchased it roughly 30 years ago.  Whatever you do, good luck to you.

[Joyce]

I agree with Mikey.
We just bought a house that we never thought we could afford.
Will be moving in end of May. 

[Esther]

Again, I am not the final say ===of course. But without any signatures on your contract, my guess is that you don't have an agreement at all, just some papers. My guess is that you have been making payments to the owner while she still held the loan for the trailer. I bet it was your thinking that it was kinda like when a person gets a land contract on real estate. But if the contract was never signed or filed------------sick!!! So sorry you are having to go through this. Sounds like the owner is having a rotten situation too if talking about bankruptcy. Wonder how they are keeping the trailer then. Get out the yellow pages---------------HELP

[tammie]

I asked my husbands opinion (he's a lawyer).  His first response is the same as "S"s - find a lawyer.  Also just because the contract isn't signed doesn't mean it's not valid - something about accepting the money from you and the fact that "equity does not protect a person who sits on their rights". 
Also, if the woman really has filed bankruptcy you are a claimant.  If she's filed bankruptcy then "everything" stops - including your eviction. 
Tammie

[purplepshn2004]

Mikey,

Our financial situation is not good at the moment.  There is no way we can buy a house right now.  Which is one reason we went with what we did.  But, I know what you are saying, it would be a great opportunity.  Maybe once my fiance gets his settlement from his workers comp case.  His attorney said it may be soon, but we still have a problem in the meantime.  Thanks.

Joyce,

Thanks, and I'm happy for you!  You deserve it.

Esther,

Thanks again.  Yeah the lady is very nice and is going through a lot of problems herself, but had we known it would turn out like this, we would have never done it in the first place.

Tammie,

Thanks for asking your husband about it.  I realize you are in Hawaii and every state is different.  But do you know what he meant by "equity does not protect a person who sits on their rights"??  Also, if she has filed bankruptcy, what exactly is "everything" stops?
Thanks again...

It's so nice to know there are so many nice people on here who are willing to try to help, wish the world was like that! 

Thanks again all!!

[tammie]

Tonya - what I meant by "everything" is all lawsuits against the person who filed bankruptcy, all bill collection, and her eviction notice to you.  Everything is on "hold" until the bankruptcy court decides what will be done.  From what I understand ( hubby is busy, can't ask him right now... so it's just me talking) pretty much the person who filed can't do anything - buy, sell nothing. Without the courts approval. 
The quote "equity does not protect a person who sits on their rights" basically means, in your situation, that just because she owns the property, and wanted to make changes to the original agreement, but didn't get off her butt to do it, doesn't take away your rights.  You followed the agreement, she fiddle-farted around, didn't make the changes she wanted.  That's her loss.
Honestly, I think it would be better if she has filed... then you'll be dealing with the bankruptcy court and not her. 
If you can get legal aid help, or like Sunbeam said, the young lawyer assoc. thru the bar - do it!  If you can't your first step will be to go to the court house and find out if she indeed has filed.  If she has you can get the forms from the court clerk to file as a claimant against her.
I'm also pretty sure that bankruptcy court is Federal, but will follow State law...
(Disclaimer!  I am not the attorney in this family!  But that's what hubby said to tell you...)
Tammie

[Mikey]

One last thought.  When settlements for worker's comp injuries are paid out, many times they are paid out over a number of years, especially for large settlements, thus you don't get a large lump sum.  There are businesses out there that will in essence buy your settlement and immediately pay you off........minus of course their percentage of the settlement.....  I've been seeing a commercial on TV where people are yelling: "It's my money & I want it now!"  So I Googled that statement and came up with one such business: http://www.structuredassetfunding.com/?gclid=COeym5G63JICFRItagodJzeL-g

[Desertponder]

Holy cow, I'm sorry!! 
Much will depend on your state laws. In some states, a verbal agreement is as good as a written contract. And as mentioned before, the fact that she was taking your money as per the written agreement. You may have some ground to stand on there. BUT..... if she is filing for bankruptcy and if she includes you in that bankruptcy, you're screwed no matter what. You can try to contest it with the bankruptcy court but it rarely works and you are not likely to recoup your money. You would have to cross your fingers that she would slip up and not include you in the bankruptcy.

She will have to legally evict you from the property. That process also varies from state to state. Here, it only takes about two to three weeks to issue the eviction notice. Once posted, you have 24 hours to vacate. If you don't vacate within that time the Sheriff/Police will show up at the time designated on the notice and they will physically remove you from the property and lock you out. Your property will usually be placed by the side of the road/driveway at their convenience or moved to a storage unit at your cost.
You can play her game and ride it out as long as you can but my advice would be to start packing and start looking for a place to move. Find some legal help and at least get some advice.
I'm really, really sorry. I've been in a similar situation in the past and its not easy to swallow. Lease options can be really bad deals. :'(

[purplepshn2004]

Thanks again all,

We are still working on it.  No luck yet.  We didn't have a lot of time yesterday as we were at the pain management doctor almost all day for fiance's shots.  I'm going to make some more calls now.  Will keep you all posted when I find somenthing out.  Thanks for all your thoughts and help.

[Desertponder]

Another thought I had.......even if this woman is wanting to keep the mobile home so she can move it to live in, that is going to depend on whether or not the Bankruptcy courts allow it. Usually, they are hunting for assests that can be sold to pay creditors. There are allowances for basic things such as housing, cars, etc. so they might let her keep the mobile. Regardless of what the outcome of this situation is, the odds are probably not good that you would retain the mobile. Its just going to depend on that contract and it will depend on the Bankruptcy issues.
Good luck and I really do hope something works out for you. Keep us posted.

[purplepshn2004]

Hi all,

Well we have been steadily looking for somewhere to rent since this whole thing started.  We checked with bar association, some attorneys, etc., not much help.  Found the landlord tenant handbook, but doesn't pertain to our situation exactly.

Called the Sherrifs office the other day and explained to them.  They weren't as much help as I thought they might be.  Was told that she first has to tell us to move in writing.  (She has not done that yet, but her roommate said she is in the process.)  They also said that if she goes through them and pays for an eviction, that once we receive it that we only have 7 days to get out. 

We then checked with small claims court and they said it sounds like we have a good case.  Would be better to move out willingly (once we receive her letter in writing) than to wait for an eviction notice (would make it look like we did something wrong and would be bad for us trying to find something to rent later on).

After searching many newspapers, shoppers, etc., we finally found a trailer today and put down a deposit.  Not what we have here, but better then all others we have found so far.  The people are all really nice and we can at least keep one of our cats and I can have my ponds (tubs, containers, etc.) and can also bring all my yard plants, etc. (she said please do!!).  No lease, month to month.  Post office right down the street (we prefer post office box to roadside delivery). 

Found out she is not actually filing bankruptcy at the present as she still has $7,000 or so in her account (she wasted over $200,000 in the past year and nothing to show for it). 

We were originally told to move out by the 12th of May.  We now are waiting for letter in writing to decide if we should pay for a whole months rent for the 1st of May or go for the 15th (half months rent).  I talked to her the other night and she said she would consider giving us until the 1st of June. 

Once we get the letter and move out, we are taking her to small claims court.  I don't think she will be to happy, but we feel we have been wronged.  We are taking our two sets of steps we bought and put together for the trailer.  Unhooking the central air to get our stepping stones from under it and unhooking the hosing?? we had to buy to conect the duct work to both sides of the trailer.  Taking our dishwasher (one was here when we moved in, but it only worked one time and she knows it) that we got off of freecycle and anything else that we bought for the trailer (I have receipts for it all).  Too bad I cant take the paint and borders off of the four rooms I have redone!! or I would take it too! 

Sorry for rambling.  We are feeling a little better now.  Now my biggest problem is getting moved and settled in before I am supposed to take a trip back home to South Dakota on May 17th to see my 2 daughters and the rest of my family.  Hope I can make it then, but if not, will have to wait a month.  Been a year and a half since I have seen them.

Thanks for listening all and again, I appreciate all your help and concern.  You are a great group - keep it up!!

[Mikey]

Thanks for the update. 

Should you go to small claims court and win, getting the money is often another matter....  In California, contractors, building supply businesses etc. can put a lien on a homeowners property for their unpaid expenses and before the homeowner can sell the property they must resolve the lien issue.  I don't know if you could do this but it is just something else to think about should it come down to it. 

[purplepshn2004]

Mikey,

Thanks, right now it looks like our only option.

Have a good day!

[Esther]

Tonya, sorry for all the horrible things going on. Life if a four letter word. LOL.

Michigan is struggling badly because of the economy. We have two duplexes with all 4 units filled. The one family has two little guys 3 & 4. Mom is trying to work and go to school. Dad broke his ankle last summer and just finally started a job last week. At least I hope so. They are behind on their rent but family has helped some. They hoped with the rebate and dad's new job to be able to catch up.

The other side had a couple living there. The guy signed for the contract last September. The gal wasn't working. Her two kids live there part of the time. Got a phone call, the guy says he moved out because they had a fight. He's afraid to go back to get his stuff, she scares him so. So could I please serve her with papers to get her out? He'll continue to pay the rent until we get somebody new or his contract is up. He's current.

The other duplex has a family where the dad just had a pace maker put in because his heart is acting up. In the meantime, he lost his job and because he's so over weight, he can't seem to get another one. The mom went from part time to full time recently but guess what--------just found out she is pregnant again. Makes kid #5. Two of them were fathered by another guy who is out of work so not paying support. Right now they are current on their rent with help from relatives.

The last one seems to be the best one even though they are a little behind. They at least do a weekly payment but this winter seeing he does cement work, he was laid off and got a little behind in their rent. They have two kids, one 7 and one a year old so mom doesn't work. Maybe she'll get a job now that the little guy is older.

So you see as I'm sure you know, things are bad all over. I hope you are able to come out of your situation at least being proud of how you handled the problem. I know it's not fun but hang in there and do whatever you have to.

[purplepshn2004]

Hi all,  Sorry it's taken me so long to get back to this.  Just wanted to let all know that we did move out of the trailer on May 29, and moved into a nice 2 bedroom rental house out in the boonies (my youngest DD says).    We decided that with all that is going on and everything, it would be the best thing to do and we don't need anymore grief.  We have decided not to file a small claims suit, just take it the way it comes.  We really don't have the extra money to do that, and don't again, need the grief, I'm looking at it this way, was cheap rent (don't think I could have taken it there too much longer anyway with all the snoopy neighbors and drama always going on on our street).

We are happy at our new place and hope that the lady we were supposed to be buying the trailer from (and her interfering boyfriend - cause of all the trouble I believe) get what's coming too them!  Sorry if that sounds mean, I'm not a mean person, don't wish harm on anyone, just a screwed up situation!

Just thought I should give all that responded and cared an update on the situation!  I really appreciate all the responses and help that I got.  It was a rough time for us!

I sent some pic's of the new digs to my oldest sister and she thought it looked great and said it looks like we live at a campground......nice little house, no neighbors close by, lots of trees, and she liked my plants...

Thanks again all and I'm sorry it took me so long to write back!

I read and look on here alot, but I have to be in the mood to talk (write), which comes on spurts.

[mcp]

Great looking house! Looks very peaceful there. Glad every thing worked out for you. Thanks for letting us know.

[Kittyzee]

Great looking place!  Remember, what goes around, comes around.  I've lived long enought to know that this IS TRUE.  It's just better to be done with the bad stuff and move on, life is just TOO SHORT. 

I'm sure you'll love the peacefulness of "the boonies" and your plants look great!  Congratulations!

[SueSTx]

Cute little house

The Boonies = Home Sweet Home   

[Esther]

What a sweet little house. I hope you will be happy there. I also hope you will be able to put the memories of the bad experience waaaay behind you and get on with making a better life. Once it is over-----IT'S OVER. Let it go. There are worse things in life that can happen than losing money.

[Vickie]

I am so glad you moved and have a wonderful place. I hope your very happy.

[purplepshn2004]

Thanks all and we are very happy here!

[Mikey]

Thanks for the update Tonya and congratulations on the new digs plus the happy announcement of your daughter's engagement.

[Jonna]

I'm so glad it worked out better in the end for you and your family.  That's a pretty house in a lovely location, it is nice to be in the countryside.  Your daughter and future SIL are a cute couple and seem like really great kids.  Good work.  It's a joy when you realize your kids have grown up and are the people you hoped they would be.  Congratulations.

[miguynmkoi]

  I can see you've already moved in big time.  Your plants are beautiful and do I see some waterlily buckets?    Sounds like you're in a more ideal home with lots of space!