Not sure where to begin - Divorce & Trailer Ownership Questions

[chelton99]

I suppose I can just dive in with my wife's backstory..

Feb 1996 – Not married, Chris and Michelle bought 1996 Fleetwood Mobile home. Financed $25,659 for 298 months (25 years), a monthly payment of $242.60. (Should be paid off in 2021?)
Aug 1996 – Chris and Michelle get married.
July 1997 – Last date of marital residence.
Sept 1997 – Divorced, Property settlement states: It is fair and equitable for the Petitioner (Michelle) to be awarded the mobile home and all of the contents which are currently therein. It is fair and equitable for the Petitioner to solely retain the debt for the mobile home.
Mar 1999 – Michelle called Chris and told him she is leaving Montana and she is going to let the bank repossess the trailer. Chris is re-married by this point and he and his current wife (Angie) decide to protect his credit they will move into the trailer and take over the payments.
- Over the course of the past 14 years they have been making payments, often they are late but making the payments regardless. (As per Michelle's credit report.)
May 2001 – Michelle signed a Transfer of Ownership to Conseco Finance (originally Green Tree, whom the mobile home was originally financed through).
Mar 2007 – Michelle and (current husband) Tony speak with USAF base legal and are told that the Transfer of Ownership does not supersede federal laws and technically Michelle would still be responsible.
Apr 2008 – Chris and Angie file Chapter 7 bankruptcy.
Mar 2013 – Chris and Angie are divorced at some point, Chris has not made a payment on the mobile home since Nov 2012. Payments are over 120+ days overdue, per credit report. This will remain on Michelle's record until 2019.
- Mobile home currently resides in a mobile home park on a monthly rental lot.

So the question would be, is it possible after all these years for Michelle to take back ownership of the mobile home, reassume payments (and hopefully refinance in only her name)? And then relocate it to Nebraska? Chris is not contactable, location unknown. Angie may or may not be living in the trailer, and over the years has had her name added to the loan as a contact. Any legal landmines we would be stepping in if my wife just hooked this trailer up and we moved it and started paying this loan off properly?

 

[single317dad]

Who signed for the original debt when the trailer was purchased? (whose name(s) was on the loan)

What was the disposition of the trailer in the bankruptcy?

What does the finance company (which is no longer Green Tree and is likely no longer Conseco) have to say about all this?

Have any other liens been placed on the trailer? (e.g. utilities, lot owner)

 

[chelton99]

Who signed for the original debt when the trailer was purchased? (whose name(s) was on the loan)

What was the disposition of the trailer in the bankruptcy?

What does the finance company (which is no longer Green Tree and is likely no longer Conseco) have to say about all this?

Have any other liens been placed on the trailer? (e.g. utilities, lot owner)

Chris and Michelle both signed for the original debt when the trailer was purchased.

I'm not entirely certain of the disposition, but the trailer wasn't listed on their bankruptcy, at least the copies of which she received don't list it.

Michelle has been reluctant to get in contact with the finance company, as she would rather they not have her contact information unless she decides to go forward and try to recover the trailer.

As far as other liens, again unknown. To her knowledge none, but she has been out of the loop for years.

 

[OHRoadwarrior]

The easiest thing for Michele to do, is to make sure mobile home park will issue her and hubby a lease. If they agree to, have mobile home lessor repossess the trailer, without recovery(removal) and sign a new note for the balance/purchase. A trailer is titled property like a car. They will be eager to work with her. Repo'd mobile homes are expensive to physically repo and do not sell well, because they are usually damaged in transit from their original site.

 

[single317dad]

The easiest thing for Michele to do, is to make sure mobile home park will issue her and hubby a lease. If they agree to, have mobile home lessor repossess the trailer, without recovery(removal) and sign a new note for the balance/purchase. A trailer is titled property like a car. They will be eager to work with her. Repo'd mobile homes are expensive to physically repo and do not sell well, because they are usually damaged in transit from their original site.

It's a good plan, but if you go forward with this, I would implore you to make absolutely sure the finance company does their job correctly re: the repossession. I did this once with a car, and the bank misled me about the loans and title. I ended up with the original note to pay (originally taken out by me + ex-gf), new note to pay (me only), and no car (ex got it in court). I was 19. I was stupid. Don't be that guy (or gal). All the finance company wants is for someone responsible to agree to pay them money; their interest and your interest do not coincide.

 

[Bali Hai]

I suppose I can just dive in with my wife's backstory..

Feb 1996 – Not married, Chris and Michelle bought 1996 Fleetwood Mobile home. Financed $25,659 for 298 months (25 years), a monthly payment of $242.60. (Should be paid off in 2021?)
Aug 1996 – Chris and Michelle get married.
July 1997 – Last date of marital residence.
Sept 1997 – Divorced, Property settlement states: It is fair and equitable for the Petitioner (Michelle) to be awarded the mobile home and all of the contents which are currently therein. It is fair and equitable for the Petitioner to solely retain the debt for the mobile home.
Mar 1999 – Michelle called Chris and told him she is leaving Montana and she is going to let the bank repossess the trailer. Chris is re-married by this point and he and his current wife (Angie) decide to protect his credit they will move into the trailer and take over the payments.
- Over the course of the past 14 years they have been making payments, often they are late but making the payments regardless. (As per Michelle's credit report.)
May 2001 – Michelle signed a Transfer of Ownership to Conseco Finance (originally Green Tree, whom the mobile home was originally financed through).
Mar 2007 – Michelle and (current husband) Tony speak with USAF base legal and are told that the Transfer of Ownership does not supersede federal laws and technically Michelle would still be responsible.
Apr 2008 – Chris and Angie file Chapter 7 bankruptcy.
Mar 2013 – Chris and Angie are divorced at some point, Chris has not made a payment on the mobile home since Nov 2012. Payments are over 120+ days overdue, per credit report. This will remain on Michelle's record until 2019.
- Mobile home currently resides in a mobile home park on a monthly rental lot.

So the question would be, is it possible after all these years for Michelle to take back ownership of the mobile home, reassume payments (and hopefully refinance in only her name)? And then relocate it to Nebraska? Chris is not contactable, location unknown. Angie may or may not be living in the trailer, and over the years has had her name added to the loan as a contact. Any legal landmines we would be stepping in if my wife just hooked this trailer up and we moved it and started paying this loan off properly?

After 16 years, it is fair and equitable that the judge who ordered that nonsense be run out of town on a rail.

 

[OHRoadwarrior]

Relax Bali, if you look at the timetable, they were still backward in the note at that time.