Is the mortgage company liable for the rent on a mobile home lot when the owner abandoned the home after it went into foreclosure?
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Is the mortgage company liable for the rent on a mobile home lot when the owner abandoned the home after it went into foreclosure?
I have a mobile home lot that I rent out. The individual that rented the lot abandoned the home after he could not make the payments any longer. The home has been sitting vacant since July. Is the mortgage company liable for the past due and current rent? What do I need to do to get them to remove the home from my property so I can rent the lot again. I am retired and need this income to meet my monthly expenses.
Asked on October 18, 2011 under Real Estate Law, Louisiana
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, the mortgage company is not in privity of contract with you so the mortgage company is no way liable to you for lot rent. The mobile home's owner is liable to you for the lot rent. You can see if the home is foreclosed on and if so, then the mortgage company may have to move it but again it all depends on if this is considered abandoned property and if you can take without any legal requirements. Check with your state treasurer on abandonment laws and check with the mortgage company if the home is abandoned. You can sue the mobile home owner for the back rent owed but if that person has claimed bankruptcy, you may be in a tough battle.
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