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Old 11-23-2017, 11:35 PM
 
Location: Somewhere in America
11,358 posts, read 8,634,223 times
Reputation: 18143

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Quote:
Originally Posted by oldtrader View Post
The OP keeps saying it is not a lease. It is worse for her position. The prior owner gave her permission to live there for the rest of her life without paying rent. This is probably controlled by Life Estate laws. The person with a life estate, cannot be evicted. If a life estate, the woman has complete control of the property till she dies, and cannot be forced to leave.
It doesn't seem like the OP has any real idea about this property. Wanted to do a deal on the cheap and got what they paid for! Doesn't sound like a real estate attorney was involved in the closing.
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Old 11-24-2017, 12:52 AM
 
Location: Eugene, Oregon
4,859 posts, read 1,278,245 times
Reputation: 5835
Why wasn't the previous owner required to remove the trailer and the resident, before the lot was purchased? If there was no information on the deed about the trailer, I'd think you could file a complaint against the sellers and force them to pay your costs for dealing with it.
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Old 11-24-2017, 10:09 AM
 
578 posts, read 252,396 times
Reputation: 668
Quote:
Originally Posted by ss20ts View Post
It doesn't seem like the OP has any real idea about this property. Wanted to do a deal on the cheap and got what they paid for! Doesn't sound like a real estate attorney was involved in the closing.
That's pretty typical in Texas. An attorney is not required, and most people don't use one, especially unsophisticated buyers/sellers.
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Old 11-24-2017, 10:59 AM
 
Location: Big Island of Hawaii
1,688 posts, read 529,074 times
Reputation: 4115
Quote:
...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.
Can you get a copy of the letter? That might clear things up some.

You say "as long as she lived"--which SHE, the owner, or the tenant?
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Old 11-24-2017, 11:09 AM
 
Location: Loudon, TN
3,833 posts, read 3,380,037 times
Reputation: 12619
If no one's paying the mortgage, it's only a matter of time until it's repo'ed by the company that loaned the money for the single wide. If you're not in a hurry, you could just wait for that to play out. And do anything you can to cooperate with the lender, even call them and ask if there's anything you can help them with, i.e. access to the property, knowledge of tenant's comings and goings, etc.

On the other hand, if you're in a hurry to get them out I'd call a real estate lawyer for a consult. Many offer a free initial consult and will give you an estimate of their costs at that time. I'd expect to end up paying double whatever they tell you.
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Old 11-24-2017, 12:32 PM
 
7,459 posts, read 6,336,542 times
Reputation: 15647
Quote:
Originally Posted by historyfan View Post
Your title insurance should have shown this encumbrance on the land. If it did not, you are in position to collect.
Title insurance only covers things of record, or should have been of record.

Title insurance would not know there was a trailer and an occupant living on the property, as that is not of record. The buyer was negligent not finding out in advance the ownership of the trailer, and the status of the person living on the land. As the problem was in clear view of the buyer, who failed to do any investigation of the status of the occupancy.

I will almost guarantee there was no title insurance policy issued when the property was bought.

The problem came about, because the buyer got so excited about buying the lot as they could buy it for pennies on the dollar, they did not do any investigation as to what they were buying. Anything something is sold far below it's value there will be a catch/reason, and the buyer must find out why it is being sold so cheap.

I have only known when something was sold too cheap, the buyer came out ahead.

While I was in the Navy in 1954, there was an ad for a current year Cadillac Sedan for sale for $100. Everyone thought this was just a mistake in the ad and did not call including myself. One of the aircraft mechanics 2nd class in our squadron, checked on it and found it was really for sale for $100 and perfect.

Reason for the low sale price. The owner had died, and the Cadillac was to be sold by his wife, and all the money was to given to his girl friend he was seeing behind her back. She did as his will demanded. On the advice of her attorney, she sold it for $100 and gave that to the girl friend. She was smiling and real happy, when he paid her, and took delivery of his new Cadillac. She told him she was taking her real big brother along as a bodyguard, when they delivered the check to the girl friend who she knew was going to be unhappy.

The Moral of this lot problem is, "When something is sold real, real, cheap, there is a reason and you had better find out the reason before you spend money to buy it."
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Old 11-24-2017, 01:55 PM
 
6,863 posts, read 5,670,515 times
Reputation: 15492
Quote:
Originally Posted by ss20ts View Post
It doesn't seem like the OP has any real idea about this property. Wanted to do a deal on the cheap and got what they paid for! Doesn't sound like a real estate attorney was involved in the closing.
Exactly. They could have requested that the prior owner remove the tenant as a condition of the sale. The prior would have handled all of the eviction stuff.
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Old 11-24-2017, 02:23 PM
 
Location: Somewhere in America
11,358 posts, read 8,634,223 times
Reputation: 18143
Quote:
Originally Posted by WRM20 View Post
That's pretty typical in Texas. An attorney is not required, and most people don't use one, especially unsophisticated buyers/sellers.
An attorney isn't required in many states. Paying for an attorney protects you as a buyer. No one is looking after your interests. When buying something as complicated and has a million questions like this transaction, only a fool wouldn't hire an attorney. Saving a few bucks now can easily cost thousands later.
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Old 11-24-2017, 05:53 PM
 
3,323 posts, read 1,266,602 times
Reputation: 8054
How do you evict a trailer (manufactured home) from your property? easy!

I walk up to the trailer and say... Mr Trailer can you move please, you are obstructing my view. Then see if it moves
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Old 11-25-2017, 12:35 AM
 
Location: Back in the Mitten. Formerly NC
3,630 posts, read 4,301,071 times
Reputation: 4692
Quote:
Originally Posted by ss20ts View Post
An attorney isn't required in many states. Paying for an attorney protects you as a buyer. No one is looking after your interests. When buying something as complicated and has a million questions like this transaction, only a fool wouldn't hire an attorney. Saving a few bucks now can easily cost thousands later.
MOST states do not require an attorney. It is late and I should be in bed, but maybe a dozen or so at most require one. GA, MA, NC, and I am too tired to think more, lol.
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