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What are my legal rights and interest in this situation?

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Chckn_Jane007

Junior Member
Mabelvale, Arkansas

This is a rather complex situation and I will do my best to explain. My spouse and I have lived on a portion of his Stepdadrecently deceased and Mom's property for 15 years. We own the mobile home we live in and it is paid for. We've never paid any land rent, we didn't have to, kind of a good faith thing. And we do our part to upkeep and maintain the land and have made improvements. His parents own 2 mobile homes also on the land, one is a rent property, one is/was their residence. They paid off the land years ago but borrowed money against it in recent years prior to my father in law passing away. They also took a mortgage out to purchase a home in a town a few miles from here. There is a tenant who pays 300 monthly for the rent property here and my mother in law has left myself and spouse to pay her land payments here, she has moved to the home a few miles from here. She also has allowed her daughter to move into the mobile home that was her residence here and she also pays part of the land payment here. We pay 250, Sister pays 250, and she collects 300 for rent. They payments are 554 monthly for her lien note. She has now asked that we pay the taxes which she says are 300 but they are only 145. The rest of that amount is her personal property amount although she's not aware that we know this. And she has told us that we will be deeded 5 acres, sister 5 acres, and she will keep 1.8 acres with rent home, when we have it all paid for since she can no longer afford the property she says. She will not give us receipts for any money we've given her and asks why we think we need a reciept if she's the one paying the bank. Then she's threatened to still sell the property out from under us all every time she's in a bad mood. And she's also left us with maintaining the rental property and the tennant calls us for repairs which we do without being reimbursed or compensated by her and she never asked if we would do that for her she just told the renter we would be who they needed to call. She told us she doesn't want anything to do with anything here as long as we pay the payments for her and now she's decided that she's going to cut and sell ALL of the timber on the entire 11.8 acres because she needs the money. All the while she's more than once told our children and us that she could pay the land payments from her husbands IRA or 401k account even if we didn't pay it but that she just doesn't want to so we have to pay it she says or she's going to lose it or have to sell it if we don't because we won't have a place to live if not. We don't want the timber cut if we are paying to purchase the property. I've tried asking her to sell me the property out right so she no longer has the burden of the lien and it will relieve her of the payment here but she's ignored my texts about it and when we asked her why she never responded she said because she knows we don't have the credit to buy anything so she just didn't feel it was necessary to reply. Then asked again and she said she never got any messages about buying anything from her. So what can I do with all of this mess legally? Any advice is greatly appreciated. Thanks.
 


adjusterjack

Senior Member
So what can I do with all of this mess legally?
Not a damned thing.

None of the "promises" are enforceable.

You are a month to month tenant at will.

Arkansas has no specific protection for the owner of a manufactured home on leased land.

Consequently, your "legal" relationship is addressed by the Arkansas landlord tenant statute 18-17-704:

"(b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days before the termination date specified in the notice."

http://law.justia.com/codes/arkansas/2015/title-18/subtitle-2/chapter-17/subchapter-7/section-18-17-704/

You are at the mercy of the land owner.

I suggest you stop relying on free rides from relatives and find a place to put your mobile home where you don't have to contend with "all of this mess."
 

quincy

Senior Member
Mabelvale, Arkansas

... I've tried asking her to sell me the property out right so she no longer has the burden of the lien and it will relieve her of the payment here but she's ignored my texts about it and when we asked her why she never responded she said because she knows we don't have the credit to buy anything so she just didn't feel it was necessary to reply. Then asked again and she said she never got any messages about buying anything from her. So what can I do with all of this mess legally? ...
Do you have money/credit to purchase property of your own upon which you can move your mobile home? That might be the best solution.
 

rcunningham

Junior Member
I would hate to even have a neighbor like that. Spells trouble any way you look at it. I would either find a way to buy the whole place and then kick her out or find a new place.
 

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