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Old 11-21-2017, 11:06 PM
 
3 posts, read 746 times
Reputation: 12

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Before I prostitute myself to try to get money for a lawyer, I figured I would ask here.

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.

Trailer is not a doublewide, not a modular, and I believe that the wheels are still on it. It is tied down of course. There was a deck installed at the front door. There was a covered deck installed at the back door. The front deck is not attached. The back deck is attached to the trailer at one point, the roof. Flashing was installed connecting the roof of the deck to the roof of the house, so you can walk out the back door in the rain onto the deck without getting rained on. Obviously, one or both decks would need to be removed if the trailer were to be moved off of the property, in order to keep from damaging the trailer. And I do not know if the fact that the back is attached to the house matters, for legal purposes.

I need to know how to evict the trailer off the property. The tenant would have the choice to walk away from the house and let it be repoed, or move it off herself. She had another person who is the main applicant on the loan, but that person left the home because the co-applicant (present resident) is a mental case. The main applicant (the person who left) is an elderly person on a fixed income, so she is no longer paying the note on the home. She is content to let it be repoed. She would have it refinanced if she could to get the co-applicant's name off the mortgage/loan, but it is only 6 months old and 21st will not refinance unless it is at least a year old. No one else seems to want to touch single wide mobile homes that are not modular, or fixed to whatever they are calling a 'permanent foundation'.

If the elderly woman were the one living on the property, I would not even collect rent. She could stay. But the woman that is living there is a lost, evil person, and I want her and her trailer off my property.

The mortgage company the trailer resident has is 21st Mortgage.

I have never communicated with the person who lives in the trailer in any way, and will not except to send legal correspondence pertaining to eviction. I am not interested in collecting rents or offering a lease agreement, unless it is a necessary step toward eviction. I want the trailer off of it.

The land is outside the city limits of Chandler, TX, and in Henderson county. I need to know how to evict the trailer/resident.

By the way, if anyone knows of an attorney that is in east Texas and can succeed with a case like this for less than 600 dollars, please share their name. I am dead poor, and really too old to sell my body. Thanks.

Last edited by Hewson; 11-22-2017 at 12:11 AM.. Reason: add location to title
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Old 11-22-2017, 01:23 AM
 
9,893 posts, read 20,950,246 times
Reputation: 7336
You are my feared and detested law school professor coming back from the dead to haunt me with this unanswerable question. Right?
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Old 11-22-2017, 02:03 AM
 
3 posts, read 746 times
Reputation: 12
Quote:
Originally Posted by Wilson513 View Post
You are my feared and detested law school professor coming back from the dead to haunt me with this unanswerable question. Right?

I wish
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Old 11-22-2017, 06:23 AM
 
Location: The Triad (NC)
23,950 posts, read 51,602,072 times
Reputation: 23759
Quote:
Originally Posted by Hewson View Post
So i bought it for peanuts, thinking I would try to evict the trailer myself.
aka "buying a pig in a poke". (https://en.wikipedia.org/wiki/Pig_in_a_poke)

Long story short? Get ready to hand out a few more of those peanuts you saved.

Your basic choices are to the peanuts to an attorney to do the formal eviction for you
or to attempt to do the formal eviction all by yourself and THEN hire the attorney...
or to do some sort of "cash for keys" arrangement with your tenant to motivate them to
pack up and get out. Find their family and preacher to help find a place for her to go.

And you're the one who will be paying to remove (haul off) the trailer as well.
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Old 11-22-2017, 08:21 AM
 
Location: East of Seattle since 1992, originally from SF Bay Area
25,935 posts, read 44,814,724 times
Reputation: 23600
Quote:
Originally Posted by MrRational View Post
aka "buying a pig in a poke". (https://en.wikipedia.org/wiki/Pig_in_a_poke)

Long story short? Get ready to hand out a few more of those peanuts you saved.

Your basic choices are to the peanuts to an attorney to do the formal eviction for you
or to attempt to do the formal eviction all by yourself and THEN hire the attorney...
or to do some sort of "cash for keys" arrangement with your tenant to motivate them to
pack up and get out. Find their family and preacher to help find a place for her to go.

And you're the one who will be paying to remove (haul off) the trailer as well.
To put it another way, "There is no free lunch."

The time to hire a lawyer was before buying.
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Old 11-22-2017, 08:35 AM
 
Location: Michigan
1,465 posts, read 796,271 times
Reputation: 3204
Quote:
Originally Posted by Hewson View Post
Before I prostitute myself to try to get money for a lawyer, I figured I would ask here.

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. But the woman that is living there is a lost, evil person, and I want her and her trailer off my property.
The land is outside the city limits of Chandler, TX, and in Henderson county. I need to know how to evict the trailer/resident.
If you were a landlord and wanted to legally evict a bad renter in your area/state/city, how would you do it?

THAT'S what you need to find out, and that's what process you need to follow. Call your local LANDLORD ASSOCIATION and ask them for the process. Do everything exactly according to law, even if you don't think you are her "landlord". Typically it involves filing something in court, her being served legally by a sheriff, and then there's a waiting period that allows her time to prepare to move out. IF she doesn't move out by the end of that time, you can then get the sheriff to basically toss her out. Do NOT tell anybody that you think she is: "a lost, evil person" during this process!
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Old 11-22-2017, 10:30 AM
 
4,233 posts, read 7,198,311 times
Reputation: 5876
Quote:
Originally Posted by Hewson View Post
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.
Well, I wouldn't trust some random guy at a mortgage company with legal advice anymore than I would trust Larry at the local bar with legal advice.

You could go two ways, evict her to the best of your knowledge and hope for the best, or do it legally with a lawyer. I saw an illegal evictions go bad for the landlord, the tenant sues, and the landlord owes the tenant 15k. Even though tenant was a scumbag, they won because the law is the law.

You can take a gamble and roll the dice if you want.
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Old 11-22-2017, 10:55 AM
 
93 posts, read 70,860 times
Reputation: 237
Get a trail cam, for sure, that records online even if it's vandalized and/or stolen. Then follow what other posters have said and do it yourself. Do not engage with her in any way; this needs to be left for the professionals. Everything in writing. Served with proof of service, certified mail-return receipt, sheriff to post notice and evict, if necessary. Save your money for those fees.
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Old 11-22-2017, 02:09 PM
 
9,893 posts, read 20,950,246 times
Reputation: 7336
Find 5 more tenants to put their trailers on the lot and pay you rent. She'll leave of her own accord.
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Old 11-22-2017, 02:47 PM
 
556 posts, read 241,312 times
Reputation: 633
Quote:
Originally Posted by Hewson View Post

I have never communicated with the person who lives in the trailer in any way, and will not except to send legal correspondence pertaining to eviction. I am not interested in collecting rents or offering a lease agreement, unless it is a necessary step toward eviction. I want the trailer off of it.

The land is outside the city limits of Chandler, TX, and in Henderson county. I need to know how to evict the trailer/resident.

By the way, if anyone knows of an attorney that is in east Texas and can succeed with a case like this for less than 600 dollars, please share their name. I am dead poor, and really too old to sell my body. Thanks.
You need to give notice to the tenant that you want them cone. I think it's 30 days.

Here's links to the Henderson County Justice of the Peace Precinct 1 site, and some documents for evictions in that county

JP Precinct 1 | Henderson County

http://henderson-county.com/home/showdocument?id=5354

http://henderson-county.com/home/showdocument?id=5352

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.
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