Civil lawsuit

[mhines]

What is the name of your state? Texas

I am a disabled veteran on a fixed income. After years of living in a home I purchased in a mobile home community new in 2011, and having lived there for over five years, I had made the community manager aware of several problems that went unattended. I wrote a professional and tactful review and asked others to get involved by contacting there politicians to get involved. Two days later I was given a notice to vacate that was unsigned, and without reason, by the community manager. I notified my mortgage company, a separate entity and told them I wanted to move my home. Their reply was I had to get a signed letter from the same community manager that gave me the notice to vacate saying I could move the home, even though they are two separate entities. The community manager and his boss both refused to write the letter, or take meetings with potential buyers. I then tried to sell the home to the community for what I owed 26k and sight unseen they offered 19k. I could not accept that offer and I was forced to vacate my home. Instead of the mortgage company reselling the home and me receiving the 7k profit made on the home, the mortgage company sold the home to the community for what I owed and then they resold it for 33k making 7k profit. the has caused me a lot of of financial and emotional stress. what recourse do I have?

 

[quincy]

What is the name of your state? Texas

I am a disabled veteran on a fixed income. After years of living in a home I purchased in a mobile home community new in 2011, and having lived there for over five years, I had made the community manager aware of several problems that went unattended. I wrote a professional and tactful review and asked others to get involved by contacting there politicians to get involved. Two days later I was given a notice to vacate that was unsigned, and without reason, by the community manager. I notified my mortgage company, a separate entity and told them I wanted to move my home. Their reply was I had to get a signed letter from the same community manager that gave me the notice to vacate saying I could move the home, even though they are two separate entities. The community manager and his boss both refused to write the letter, or take meetings with potential buyers. I then tried to sell the home to the community for what I owed 26k and sight unseen they offered 19k. I could not accept that offer and I was forced to vacate my home. Instead of the mortgage company reselling the home and me receiving the 7k profit made on the home, the mortgage company sold the home to the community for what I owed and then they resold it for 33k making 7k profit. the has caused me a lot of of financial and emotional stress. what recourse do I have?

If your home was foreclosed, the mortgage company can sell to recover their investment.

You are not entitled to profits realized from subsequent sales.

But because this appears to be a bit more complicated than a foreclosure sale, you might want all facts personally reviewed by an attorney in your area.

 

[mhines]

Actually you are incorrect. If they would have sold the property and made a profit the first time instead of at cost, in Texas the 1st owner gets any profit made. I already checked out that law. They got around it by selling it for what I owed to the community, then the community feed them a buyer for the 7k profit. I am not trying to recoup 7k. I want to sue them for the entire profit from the 2nd sell for stealing my home over a Google post.

 

[quincy]

Actually you are incorrect. If they would have sold the property and made a profit the first time instead of at cost, in Texas the 1st owner gets any profit made. I already checked out that law. They got around it by selling it for what I owed to the community, then the community feed them a buyer for the 7k profit. I am not trying to recoup 7k. I want to sue them for the entire profit from the 2nd sell for stealing my home over a Google post.

Was your home foreclosed?

Here is a link to the law in Texas:
http://www.foreclosurelaw.org/Texas_Foreclosure_Law.htm

 

[mhines]

Yes after I was forced to vacate. That is just a brief summary of the Texas foreclosure law, there is a lot more to it. Upon the note being sold the 1st time the residual goes to the homeowner. They bypassed this by selling it for what I owed to the community it was bought in.

 

[quincy]

Yes after I was forced to vacate. That is just a brief summary of the Texas foreclosure law, there is a lot more to it.

I understand there is more to the law but what I previously wrote was not incorrect which is why I provided the link.

Was the property a judicial or non-judicial foreclosure?

 

[mhines]

non-judicial.

 

[quincy]

non-judicial.

Does the power of sale clause in your mortgage document spell out how a foreclosure is to be handled?

 

[mhines]

The community and the lender are separate entities, but hold hands behind each other's back. I wanted to move the home at my cost. but the mortgage company required a letter from the same manager that gave the unsigned undated without reason notice to vacate. I vacated on the last day. three months later of non payment for something I no longer lived in the "sold it" to the community for what I owed. Then the community fed them another buyer and made 7k profit, That is how they went around requiring to pay me the 7k profit. Why else would they have done it that way. Straight from the VA lawyer from Yale's mouth.

 

[mhines]

In my contract it says I could have moved it after 48 months nothing about any letters. I lived there over five years. In Texas and in my case the sell date had a one year lease. After that no lease is signed and you go month to month, not something a lay homeowner like myself would know. so the people next door who leased had more rights that I the home owner.

 

[mhines]

IO would have to dig it out of a box a reread that portion of the contract to be for sure.

 

[mhines]

There definitely nothing in the contract that says I had to have permission from the community manager or their company to move the home except for living there 48 months.

 

[quincy]

The community and the lender are separate entities, but hold hands behind each other's back. I wanted to move the home at my cost. but the mortgage company required a letter from the same manager that gave the unsigned undated without reason notice to vacate. I vacated on the last day. three months later of non payment for something I no longer lived in the "sold it" to the community for what I owed. Then the community fed them another buyer and made 7k profit, That is how they went around requiring to pay me the 7k profit. Why else would they have done it that way. Straight from the VA lawyer from Yale's mouth.

Offhand I do not see that you have any legal recourse but you can sit down with an attorney in your area for a personal review of your mortgage document, vacate and/or late notice(s) from the park and notice(s) of foreclosure from the lender to make sure you are not entitled to any profit made on the sale of your home.

I agree with you that what happened to you does not seem fair. The legality, however, will depend in large part on what is in your contractual agreements.

Good luck.

 

[mhines]

Hindsight being 20/20 I should have forced it into court without moving. But, I felt trapped because of the lending company's letter crap having come from the property manager, to move or approve a sell on my own. Again neither under the same roof.

 

[quincy]

Hindsight being 20/20 I should have forced it into court without moving. But, I felt trapped because of the lending company's letter crap having come from the property manager, to move or approve a sell on my own. Again neither under the same roof.

I agree that you should have challenged this prior to foreclosure and sale. I am really sorry you didn't.

Perhaps the attorney you see can find something that will help you. I hope so.

Good luck.