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Old 11-22-2017, 03:07 PM
 
Location: Somewhere Over the Rainbow
20,514 posts, read 8,141,104 times
Reputation: 15173

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Raise the rent by as much as is allowable under state law, if they don't pay the rent start eviction proceedings, it doesn't really cost much to have an attorney do the eviction for you unless it ends up being contested.

Once the tenant is evicted file intent to acquire abandoned mobile home: https://www.tdhca.state.tx.us/mh/doc...HomeNotice.pdf
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Old 11-22-2017, 04:22 PM
 
3 posts, read 1,581 times
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Quote:
Originally Posted by WRM20 View Post
Read those documents carefully. They should contain the information you need to get rid of the tenant. The JP court clerks might answer questions, but most of the time, they will tell you to get a lawyer if you have questions.
Thanks for the info.
Yes, you know how it is. Call the JP or the county clerk and ask a question about almost anything, and their response is "we can't give legal advice. get an attorney." Even when the question's answer wouldn't qualify as legal advice.
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Old 11-22-2017, 06:19 PM
 
Location: Ocala, FL
2,840 posts, read 5,156,806 times
Reputation: 2196
Quote:
Originally Posted by Hewson View Post
......Even when the question's answer wouldn't qualify as legal advice.
IMHO, it would be considered legal advice no matter how you slice it.


I am not an attorney and I don't play one on television.
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Old 11-22-2017, 06:36 PM
 
Location: North Idaho
18,622 posts, read 21,574,113 times
Reputation: 31996
You need a lawyer. While you are talking to the l awyer ask if it is advisable to contact the mortgage holder on the trailer to let them know the trailer is being evicted. They might repossess it and solve your problem.

Be glad you aren't in Oregon where you would have to give a year's notice to vacate and then pay thousands in relocation money to kick a mobile home off of your property
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Old 11-22-2017, 06:38 PM
 
4,235 posts, read 7,204,511 times
Reputation: 5891
Quote:
Originally Posted by Hewson View Post
I bought a residential lot. The deed is a warranty deed, there are no liens, and the deed doesn't mention any buildings. The former owner signed a letter for the resident's mortgage company giving her permission to live on the land and saying that she would never charge her rent as long as she lived.
Doesn't sound like the deed was written correctly.

Sounds like the mobile home owner has a life estate, its documented, and not mentioned in the deed. A problem. Not very easy to evict someone with a life estate. If done incorrectly, you would need to legally make her whole if you lost in court. Meaning..... if you evict her and toss the trailer, you could owe her another trailer, her mortgage, etc. The mortgage company may come after you too.

Just because your the new owner, doesn't mean your not legally bound by contracts already in effect. Similar to an easement, it doesn't disappear simply because it was sold to someone else.

Looks like you thought you got a deal, and its a dud.
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Old 11-22-2017, 06:50 PM
 
Location: Portland, Oregon
9,316 posts, read 14,657,145 times
Reputation: 5604
You need a real estate lawyer big time!
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Old 11-22-2017, 07:03 PM
 
6,627 posts, read 3,456,659 times
Reputation: 7207
hook a truck to it
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Old 11-22-2017, 08:52 PM
 
6,003 posts, read 6,327,690 times
Reputation: 10073
Quote:
Originally Posted by Hewson View Post
I bought a residential lot. The deed is a warranty deed, there are no liens, and the deed doesn't mention any buildings. The former owner signed a letter for the resident's mortgage company giving her permission to live on the land and saying that she would never charge her rent as long as she lived. Well, i called the mortgage company in question, they said the letter the former owner signed doesn't keep her from selling the property to me legally, and of course the letter she signed is null and void if she sells the property to anyone. So i bought it for peanuts, thinking I would try to evict the trailer myself.
I rather enjoy hearing about interesting dilemmas. Of course, the time to get legal advice was before you purchased the property. It is invariably cheaper to avoid getting into a problem than it is to get out of one.

First of all, how do you know that there are no liens on the property? Did you get a title insurance policy attesting to that? You said that you called the "mortgage company", but is there a mortgage on the property? Or is it a chattel mortgage (more of a personal loan) with only the trailer as collateral?

So, the big question is whether the trailer is still personal property or if it is attached to the land and considered real estate. Deeds won't indicate one way or another whether a trailer is an attachment. (Deeds usually don't mention whether there are buildings on a property--the land and all attachments are one.)

Depending on the wording of the prior agreement with your tenant, she may or may not have a life estate in the property. I certainly wouldn't rely on the word of someone at the mortgage company.

It sounds like you really need a good real estate lawyer to sort through some facts. Maybe you'll be able to evict your tenant and remove the trailer rather easily...or maybe you'll just have a good story to tell.
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Old 11-22-2017, 09:11 PM
 
6,627 posts, read 3,456,659 times
Reputation: 7207
i lived in this trailer park about twenty years ago that was ran by this mean old fart. if you was three days late on lot rent, he cut your power and water, hook this old big truck to your trailer and pull it out by the highway and leave it on the side of the road.

mean old fart. nobody ever mess with him. pay on time, nicest guy you ever met. Even the county sheriff would leave him alone
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Old 11-22-2017, 10:00 PM
 
14,455 posts, read 16,249,466 times
Reputation: 21393
How do you have so much information about this if you do not speak with the person living there?

If you are in communication with the owner, can't you ask her to contact the mortgage co. to pick up the trailer. Sort of voluntarily deeding it back to mortgage co. She could do that instead of owing the whole remaining balance. She would only owe what balance remained after the mortgage company resold the trailer.

The bad news is from everything that I've seen on this forum, whatever agreement the previous land owner had with this tenant comes with your purchase. Read the link below.

In other words you may be stuck...You may have some outs though, if you are talking to the owner, and the mortgage co. and the remaining tenant is not paying the payments.

If that is the case, work on getting the vacated owner to give the trailer back to the mortgage co. which is inevitable since the remaining co-signer isn't paying. If the mortgage company repos. the trailer, they will move it.

This link is to Texas tenant laws
Texas Tenant Advisor

Often lawyers will give a free consult. If you can find one, have your questions ready, and take notes, make the most out of any consult.

The only other thing, beat her at her own game.....tell the tenant, in writing that you are raising the rent to (make it a very high amount) give her a lease,.....keep a copy for yourself. On the lease state that rent has to be paid on the first or this as well as failure to sign the lease will be cause for termination....then evict her butt.
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