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Old 09-22-2011, 07:45 PM
 
11 posts, read 29,436 times
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I'm just wondering if anyone in here knows Maine's lien laws.......I am currently renting a piece of property to people that have a mobile home on it. I charge $200 a month and we have a contract/lease agreement. However, the people who own the mobile home have not been making thier payments to the creditor. They have however, been paying me the monthly $200 rent fee on time. Now the creditor put a lien on the mobile home and also put a lien on my property. Can they do this? I just found this out today and i havent contacted an attourney yet. The mobile home is on a slab with a regular skirting. No foundation. And now i have a $10,000 lien on my property and it is going to go on my credit report.

 
Old 09-22-2011, 08:17 PM
 
Location: Northern Maine
9,494 posts, read 14,291,662 times
Reputation: 8924
"Can they do this?"

No. The creditor misrepresented ownership of the land and the judge will not be pleased that he was hornswoggled. You don't owe the creditor anything.

Disclaimer: I am not a lawyer and don't play one on TV.
 
Old 09-22-2011, 08:19 PM
 
11 posts, read 29,436 times
Reputation: 11
Thanks for your info.
 
Old 09-22-2011, 08:40 PM
 
11 posts, read 29,436 times
Reputation: 11
This is what they told me in a letter i got today; By virtue of the foregoing, a lien is claimed on the above property (my land) by (Creditor's name for tenants mobile home), to secure payment of $10,732.00, together with interest, court costs and attorneys fees. They put both my name and my tenants name on the letter sent to me stating; Enclosed is a copy of a lien which has been recorded at the Penobscot County Registry of Deeds in Book *****, page 230. Please contact me to arrange payment of the amount you owe so the lien can be discharged. I OWE THEM NOTHING! HOW CAN THEY EVEN PUT MY NAME IN THIS. THE MOBILE HOME IS NOT MINE. HOW CAN THEY EVEN INVOLVE ME IN THIS. I DON'T OWE THEM MONEY. MY TENANT DOES!
 
Old 09-23-2011, 03:38 AM
 
Location: Maine's garden spot
3,094 posts, read 5,424,551 times
Reputation: 3141
Quote:
Originally Posted by djdio68 View Post
I'm just wondering if anyone in here knows Maine's lien laws.......I am currently renting a piece of property to people that have a mobile home on it. I charge $200 a month and we have a contract/lease agreement. However, the people who own the mobile home have not been making thier payments to the creditor. They have however, been paying me the monthly $200 rent fee on time. Now the creditor put a lien on the mobile home and also put a lien on my property. Can they do this? I just found this out today and i havent contacted an attourney yet. The mobile home is on a slab with a regular skirting. No foundation. And now i have a $10,000 lien on my property and it is going to go on my credit report.
I'll be going out on a limb here, but I'd contact my lawyer instead of a bunch of strangers...
 
Old 09-23-2011, 04:25 AM
 
Location: 3.5 sq mile island ant nest next to Canada
3,015 posts, read 4,872,001 times
Reputation: 2127
Austin is right, get thee to a lawyer fast. Also think NMLM is right, the may have done some fibbing to the credit company. No one wants a mobile home to foreclose on, the land won't depreciate as badly. You're gonna get screwed if you don't Get to a lawyer.
 
Old 09-23-2011, 06:20 AM
 
Location: Central Maine
1,472 posts, read 2,611,107 times
Reputation: 1276
Quote:
Originally Posted by retiredtinbender View Post
Austin is right, get thee to a lawyer fast. Also think NMLM is right, the may have done some fibbing to the credit company. No one wants a mobile home to foreclose on, the land won't depreciate as badly. You're gonna get screwed if you don't Get to a lawyer.
Get to the police too. There may be fraud involved, and that's a crime.
 
Old 09-23-2011, 06:49 AM
 
Location: Bar Harbor, ME
1,922 posts, read 3,665,376 times
Reputation: 1287
This is an example of how everyone should have an attorney that they can call on. It easy to get one, just get a will done. Once an attorney or his/her law firm does your will, then they are YOUR attorney. And everyone should have a simple will.

It plays to your benefit that most people do not have an attorney they can call on. And most people are afraid of any kind of legal action directed toward them because they have no lawyer they can call on.

I had a recent event which was moving badly in a direction that I didn't like with a rental. However, I called my attorney and with a short and quick, and cheap letter from the attorney to the source of the issue delivered by the Sheriff as required by law, things immediately got put on the right road. I could never have done that myself.
 
Old 09-23-2011, 07:26 AM
 
Location: Central Maine
1,472 posts, read 2,611,107 times
Reputation: 1276
Quote:
Originally Posted by Zarathu View Post
This is an example of how everyone should have an attorney that they can call on. It easy to get one, just get a will done. Once an attorney or his/her law firm does your will, then they are YOUR attorney. And everyone should have a simple will.
I guess I don't understand your point. Attorneys are a dime a dozen. The only limiting part to selecting one is that they can't already be representing the specific person or entity that you are concerned about. And if you are worried about quality, don't think that having a will drawn up by a competent attorney is going to get you representation by that attorney. Maybe SOME attorney in that law firm. They may or may not know what they are doing.

You have to pick the attorney that knows the specific subject you are litigating. Many years ago my wife had a problem with her unemployment benefits (the employer had lied about her employment). I went to an attorney and he proceeded to give me a bunch of incorrect information (I had researched the topic a little before going to see him). When I corrected him he hastily pulled a paperback book out of the top drawer of his desk (already open to the page) and reread enough to confirm what I was saying. Is THAT the attorney you want to represent you??????
 
Old 09-23-2011, 07:46 AM
 
Location: Bar Harbor, ME
1,922 posts, read 3,665,376 times
Reputation: 1287
The point I was making is that if you have a friend/lawyer who did your will, then you have an "in" the the lawyer community. And if you have something like that already set up for yourself, then you don't have to freak out when something legal comes your way.

You don't have to write on forums asking whether this is appropriate. You call your attorney.

As to whether you have a good attorney, that's something you do before you find a will. Either connect to a law firm which has lots of specialists, or contact a local real estate broker that you trust or your bank to get a recommendation for a skilled lawyer. Either will know who is good and who you should avoid. But get several different recommendations from different sources. When they coalesce on a couple names that are the same, then you know you have a good choice.

But again, having "Pallidin" in your pocket gives you peace of mind. Pallidin refers to a 1950's TV show called "HAVE GUN, WILL TRAVEL". Lawyers are skilled hired guns. Everyone should have a legal gunfighter who they can call immediately, rather than having to search.

IMO....

only the middle class is really impacted by the legal system. The poor have nothing that can be taken from them except their freedom of action, and so they tend to ignore the laws. The very rich can hire a militia of lawyers to defend them and so they have nothing to worry about. Its only those in the middle class who worry. But most of the people in the middle class do not have a lawyer---on retainer. The only people who have lawyers on retainer are the very rich.

Much of the world functions on "images of reality" not reality itself. So if someone tries to take advantage of you, its probably because they believe you are part of the middle class. If they try to do this, and they get an immediate legal response from your hired gun through legal channels, they will immediately recalculate that you might not be part of the middle class after all, and are actually part of the rich elite. This usually fixes things right away and they move in a more comfortable direction. Even if you are coming up against the Rich Elite, they would rather not have to pay their expensive lawyers more than they have to(which is why they are rich in the first place), and so they usually let the hired guns work something out clean and simple. But if you have a hired gun, even if its just one, they do have a potent legal gun.

Most school districts have legal represntation, but not all have the best. The one I used to work for before i retired, has the best firm for school law in the county. I was at a contentious meeting one time where the parent had brought his lawyer. The lawyer was rather pushy until the administtrator told him who our law firm was. And then he got this look of dismay on his face. Suddenly he started suggesting to his client, the parent, that we find some way to settle.
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