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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.