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Manufactured Home debt and probate

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pinyonbrl

Junior Member
I am the executor of my late sister in laws estate. We are going through probate. She passed owing money on her manufactured home. The home is located on a rented space in a Mobile Home park. The home itself is PERSONAL PROPERTY. She is upside down on the debt on this home. Can the estate simply walk away from this asset and give it back to the bank? Can the estate choose not to pay the monthly space rental? The rental agreement does not allow the estate to rent the property out in order to generate some income to pay off the home and the space rent. What is the name of your state (only U.S. law)? CALIFORNIA
 


Zigner

Senior Member, Non-Attorney
I am the executor of my late sister in laws estate. We are going through probate. She passed owing money on her manufactured home. The home is located on a rented space in a Mobile Home park. The home itself is PERSONAL PROPERTY. She is upside down on the debt on this home. Can the estate simply walk away from this asset and give it back to the bank? Can the estate choose not to pay the monthly space rental? The rental agreement does not allow the estate to rent the property out in order to generate some income to pay off the home and the space rent. What is the name of your state (only U.S. law)? CALIFORNIA
The estate should liquidate its other assets in order to pay the debt.
 

pinyonbrl

Junior Member
Zigner, thank you for your reply.
There is no mention in the home contract of a remedy for death. "no recourse" or "with recourse" is not mentioned in the home contract paperwork left behind by my sister in law. Also, after reviewing the Truth in Lending disclosure signed by my sister in law at the purchase it seems to be very vague and a "bait and switch" tactic may have been used. The monies in the estate will not cover the debt on the home. In addition, every month the home sits there demands a $600 month space rental. I feel the rental agreement is onerous in regards to not being able to rent out the home to generate income. It sounds like I have another issue besides a probate issue and that is looking into the legality of the purhcase contract TIL disclosures AND an onerus rental agreement. I should probably seek advice in the Real Estate Law forum.
 

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