Vanderbilt Mortgage~Strange People

[kenshirley]

We had a mobile home that I could not sell. There is no property with it on the loan, just the home.
I left it and told them they could have it knowing I am facing BK on may other things.
They refuse to take custody of it??
They wanted me to sign a voluntary surrender which indemnified them from any damage they might do in the removal from the the property it's on which I cannot do as I don't own the property. They may damage the septic tank, have to remove trees and such to get it out and sell it.
It's been several months and tomorrow is my final warning or so they say to pay the home off in full now.
I certainly hope that they finally remove the home or the new property owner is going to start charging them rent for it's storage or remove it at their expense.
They had a chance at two different people with good credit in the 700 range that wanted to assume the loan and would not allow either to do it.
I am betting they wish they had taken that option now.
This outfit has been nothing but rude since they bought my loan from Chase.
What a dumb company to do business with!

[krielly]

It's been several months and tomorrow is my final warning or so they say to pay the home off in full now.

Or what?????????? Will they "huff and puff and blow your house down"??

Doesn't sound like they can or will do anything. Get your ducks in a row and file as soon as you can - if that's what you are planning on doing. You should have plenty of time as even if they attempt to obtain a judgement against you, it will take some time. (See the collections and/or foreclosure section of the forums)

You're right, I'll bet they are kicking themselves now for not allowing someone else to assume the payments. Sucks to be them

K

[Flamingo]

If you have a rental agreement on the lot/property on which it is located, you are responsible for that situation, not the mortgage lender. They are within their rights to protect themselves against possible infractions by the land owner (your landlord). They are not responsible for rent you did not pay on the lot or others items due by you under your rental agreement. The new property owner will bill you, not the mortgage lender, for rent or removal fees.

[kenshirley]

Nope, I owned the land separately to the home. I sold it and the owner was trying to assume the loan on the home. They refused to let him assume it.
The buyer did not care and said he would deal with them when the time came to get the home removed.
He will either buy another or build one. He wanted the property.
Like I said, the lender knew all this and still did not let two people assume the loan who had good credit ratings.
And the new owner cannot bill me as this was all part of the sale of the land itself.
Dumb, just dumb.

[2Bshinyandnew]

If you have a rental agreement on the lot/property on which it is located, you are responsible for that situation, not the mortgage lender. They are within their rights to protect themselves against possible infractions by the land owner (your landlord). They are not responsible for rent you did not pay on the lot or others items due by you under your rental agreement. The new property owner will bill you, not the mortgage lender, for rent or removal fees.

Wouldn't that all depend on the rental agreement details, of which we don't know? It's Kind of presumptuous to make a blanket statement about a rental agreement we haven't read.

Also, once the OP files BK, can't any unexpired leases can be included in the petition?

[kenshirley]

Does not matter, I owned it and sold it. See the previous post.

[Flamingo]

Wouldn't that all depend on the rental agreement details, of which we don't know? It's Kind of presumptuous to make a blanket statement about a rental agreement we haven't read.

Also, once the OP files BK, can't any unexpired leases can be included in the petition?

The OP further explained the situatoin and there is no lot rental contract. Most standard rental agreements protect the owner to every extent possible as to the property he/she is renting especially if property is removed and damage done to the rental property (i.e. the OP mentioned damaging the septic system, tree removal, etc). Whoever did that would be responsible for paying damages. And I've never seen a rental agreement without clauses that protect the owner if the renter does not pay rent or lot fees or other costs associated with the rental contract/lease. Anyway, the point is now moot.

To the OP, the mobile home is still in your name and hopefully you have insurance in the event damage is done when/if they remove the trailer. The new land owner could have a case against you for damage. You may not own the land it is on but you still own the trailer. It may not hurt to speak with an attorney on this matter to ensure you protect yourself cause this is not a regular home that cannot be moved resulting in damage to property on which it sits. I hope things work out for you...

[kenshirley]

Sorry, but I surrendered the home when I left in the end of September.
I have proof of that letter of surrender and they just don't want it and keep playing games.
The new property owner just notified them that he wants it removed within 30 days or he will starting charging whatever the local laws permit for storage and/or have it removed and placed in storage at their expense.