If Ibought a repossessed mobile home from a bank, can the landowner stop us from movingit if the bank has not paid the lot rent?

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If Ibought a repossessed mobile home from a bank, can the landowner stop us from movingit if the bank has not paid the lot rent?

Asked on March 12, 2011 under Real Estate Law, South Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you bought a repossessed mobile home, the bank is usually liable for any liens on the item or clouds on title. If the landowner has not been paid lot rent, and hasn't filed an action, the landowner is out of luck and must sue both the bank and previous mobile home owner. You usually take "subject to", which means you don't have to be responsible for any such issues. If the landowner now attempts to physically prevent you from taking your properly purchased property, you may have an action against the landowner for conversion or interference with your contractual relations with the bank.  Get an assurance from the bank you have clear title and took without assuming any outstanding debts. If the outstanding debts are current debts, and a lawsuit had been filed against the bank or former owner and the entity didn't inform you, you may be able to void the deal.


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