What is a landowner entitled to if a mobile home on the properety is foreclosed on?

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What is a landowner entitled to if a mobile home on the properety is foreclosed on?

My mother owns the land that a double-wide is currently sitting on. The home is in foreclosure. When they come to get the home, are the people that are removing the home responsible for any damages done to the property (blacktopped driveway)? And can she charge a storage fee for the time the mobile home sits on the property; if so, is there a limit on what can be charged as far as price? I think there was a paper signed when the home was first put on there. It was signed by my father who has since passed away and the property was then my mother’s.

Asked on March 1, 2011 under Real Estate Law, Kentucky

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Mobile homes sitting on property owned by someone else simply mean the mobile home is considered chattle.  It has no bearing on the ownership of the underlying land; think of renting land in a mobile home park.  As to what can occur, if the mobile home is taken as a result of a repossession due to a foreclosure on the loan, then those who come onto the property have the same responsibilities as repossessions anywhere else. They cannot damage the property on which it sits.  As to storage fees, unless the mobile home owner had a rental and storage agreement with the landowner, storage fees cannot be charged.  As to the paper signed when the mobile home was first placed on your mother's property, you need to see what the document stated and whether it was recorded or not.


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