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Kansas Unperfected loan

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Smittyks

New member
Currently have a loan for my dwelling. However the property type is not correct. The loan is for a mobile home. But my home is on poured concrete. Also the land was granted to me as seperate from the home itself by the previous owner. The loan company has takin my money for the last 11 years for an unperfected loan. I know this because I filed bankruptcy. Now the mortage company is trying to file an affidavit to affix the house to the property without my permission and I have an adverse hearing shortly. What can I do to keep my home and land
 


Smittyks

New member
Yes of course i will hire a real estate lawyer... is there any senario where this could work in my favor? Ie keep the house keep the land get a refund of my monies?
 

adjusterjack

Senior Member
Ie keep the house keep the land get a refund of my monies?
That's not going to happen.

The lender is entitled to the MH.

I studied up a bit on the Affidavit of Affixation. You might have been required by law to file it yourself. If that's the case, then the court may order it filed.

There might also be something in your loan contract that gives the lender a security interest in any land to which the MH is permanently installed. I suggest you read it carefully.

Update:

It appears that the Affidavit of Affixation is voluntary. See statute 58-4214.


Whether or not the lender can have a court compel one is anybody's guess. Though it's possible that it could be a "taking" without due compensation. Just speculating.
 
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