Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Mortgages, Refinancing & Foreclosure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 11-08-2006, 04:57 AM
Junior Member
 
Join Date: Nov 2006
Posts: 1
Exclamation

How do I foreclose on a private mortgage loan in default?


What is the name of your state? CALIFORNIA

I sold my mobile home (which is in a park on a rented lot) to a buyer a year ago, and we drew up a private mortgage loan agreement. Buyer paid me a down payment, and paid the monthly installments for 6 months before falling behind. At this time buyer is 7 months delinquent on the loan payments and wants to walk away from the home. This would also stick me with the responsibility of paying the monthly space rental (I was made to sign an agreement by the owner of the lot).
1. How best would I foreclose to quickly regain control of the mobile home? I am the sole lien holder on the Title; home is Registered in the name of the buyer in L.A. County.
2. How can I get the buyer to vacate the home immediately if he has fallen behind in the rent (which costs fall upon me, owed to the lot owner)?
3. How should I proceed to get a legal judgement against the buyer for breach of contract (or whatever buyer's failure to perform is called)?

Thanx!
  #2  
Old 11-08-2006, 09:32 AM
Senior Member
 
Join Date: Oct 2005
Location: Ohio (southwest)
Posts: 2,290
Send a message via AIM to LindaP777
OMG! You need to get a lawyer, like yesterday! Foreclosure is no easy process. I don't see how you can do this yourself. It must be done right and you need to move fast!

FYI - for other future sellers, never record the deed into your buyers name until they have paid you in full (or they get a loan and paid you in full at closing). Do a "lease with option". Then if they default, you evict. Eviction is a much easier option than foreclosure!
  #3  
Old 11-08-2006, 09:53 AM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by LindaP777 View Post
OMG! You need to get a lawyer, like yesterday! Foreclosure is no easy process. I don't see how you can do this yourself. It must be done right and you need to move fast!

FYI - for other future sellers, never record the deed into your buyers name until they have paid you in full (or they get a loan and paid you in full at closing). Do a "lease with option". Then if they default, you evict. Eviction is a much easier option than foreclosure!
I agree with you about getting a lawyer.

But there was no deed here; this situation does not involve real estate.
__________________
There are two rules for success:

(1) Never tell everything you know.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:30 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.