If Ibought a repossessed mobile home from a bank, can the landowner stop us from movingit if the bank has not paid the lot rent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If Ibought a repossessed mobile home from a bank, can the landowner stop us from movingit if the bank has not paid the lot rent?
Asked on March 12, 2011 under Real Estate Law, South Carolina
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you bought a repossessed mobile home, the bank is usually liable for any liens on the item or clouds on title. If the landowner has not been paid lot rent, and hasn't filed an action, the landowner is out of luck and must sue both the bank and previous mobile home owner. You usually take "subject to", which means you don't have to be responsible for any such issues. If the landowner now attempts to physically prevent you from taking your properly purchased property, you may have an action against the landowner for conversion or interference with your contractual relations with the bank. Get an assurance from the bank you have clear title and took without assuming any outstanding debts. If the outstanding debts are current debts, and a lawsuit had been filed against the bank or former owner and the entity didn't inform you, you may be able to void the deal.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.