Lien Holder Not Landlord

[cbuck2]

What is the name of your state? Arizona

Daughter leased land and purchased mobile home by contract. Circumstances and events not under her control amounted to eviction from land, but no default or foreclosure papers received on home. Daughter has buyer for mobile but lien holder refuse\'s to give payoff balance in writing to daughter, (I believe stalling) Lien holder wants to charge daughter for previous late charges on previous payments. She only has 9 payments left. Day before final vacate date, lien holder changed locks on mobile. We hand delivered document saying NOT ABANDONED. (police stated civil matter) What can she do......

[lcannister]

See an Atty if the mobile still has any value to it.

Was she buying it from the land owner? If not then why were the payments not under her control?

[nextwife]

Let's see:

Daughter leased land = daughter owed lease payments to leasor
Daughter bought mobile=daughter owed vehicle/mobile payments to seller of mobile, who may be same or different party than above

Failure to pay landowner= eviction from land
failure to pay mobile owner=repossession of mobile

Did she default on both payments?

[cbuck2]

Daughter paid two different people. Why wouldnt lein holder have to go through foreclosure proceedings. Yes mobile has value as stated she does have a buyer.

[lcannister]

Why wouldnt lein holder have to go through foreclosure proceedings.

Because it is a trailer and treated more like a car loan than traditional mortgage.

Haven't we seen this under a different username before?

[nextwife]

The land must be foreclosed.

The mobile on the land is not "real estate", thus the seperate owner of the mobile can repossess - just like a car when the payments are in default.

[cbuck2]

Normally I guess it would be the case, iE: repossession of mobile vs. foreclosure.. BUT
In the contract it clearly states that notice of default will be given with right to cure default before any acceleration, repossesion, or foreclosure will occur. No notice to be sent if a 2 notices had been sent in previous 12 months. (she has received none). They state that she has abandoned the property which is the clause in her contract they are claiming to posses property. This is insane, the poor kid only owes 9 payments out of 60, I have helped all I can, I just a working person my self. If anyone knows where she could possibly obtain some legal help, please let us know.

Thanks so much****************************....

[lcannister]

Lien holder wants to charge daughter for previous late charges on previous payments.

How many payments did she pay that were late? how on earth can you still say through no fault of her own if she has been paying late.

Go back and look at your previous responses under the other username you used and you will probably see they remain the same.

Sounds like she either gets an Atty or ends up with a deficit sale and a judgment against her for the difference.

See if there is a legal aide service in or near your area.

[cbuck2]

You know I came here looking for some friendly advice, not to be chastised and the receiver of rudeness. God forbid if your an attorney, because if you are its ones like you who give the whole field a sour taste. Contrary to your belief I am certain when someone seeks advice/help they tend to want a soft ear or at least an ear who will hear them out.

You have a great day, because I will go back to Findlaw where at least a person is not made to feel like an idiot. If I had all the answers I wouldn't have ventured on to this website in the first place. Critism I can take, Rude sinister know it all's with a Better than thou attitude I won't.

To all the rest Have a great day**************...

Cbuck2

[moburkes]

What the heck are you talking about? No one was rude to you. ONE person said that you asked this same information under a different user name. You didn't deny it, as far as I can tell.

[seniorjudge]

Originally Posted by cbuck2

You know I came here looking for some friendly advice, not to be chastised and the receiver of rudeness. God forbid if your an attorney, because if you are its ones like you who give the whole field a sour taste. Contrary to your belief I am certain when someone seeks advice/help they tend to want a soft ear or at least an ear who will hear them out.

You have a great day, because I will go back to Findlaw where at least a person is not made to feel like an idiot. If I had all the answers I wouldn't have ventured on to this website in the first place. Critism I can take, Rude sinister know it all's with a Better than thou attitude I won't.

To all the rest Have a great day**************...

Cbuck2

Let me translate:

Y'all didn't tell me what I wanted to hear!