Legal Question in Real Estate Law in Alabama
My mother in law owns the land her home is on. Her son "bought" a mobile home and moved it on her land with her permission. He has "defaulted" on his home, and the mortgage company told him he had to be out by March 1 (he was). The mortgage company still has not removed the mobile home from my mother in laws property. She has talked with them (about 3 weeks ago) and told them to get it off her land. Last week she sent them a registered letter telling them to get it off her land or she will either charge them rent, or she will "lay claim" to the home as abandoned.
1. Can she lay claim to the home as abandoned, and how?
2. Can she charge them rent?
3. How does she legally get action from the mort. comp.?
She would prefer that the house be gone, however, the mortgage company is starting to upset her.
The home is in Eight-Mile, Alabama, which is near Mobile.
1 Answer from Attorneys
She can file an action against them for a variety of things: trespass, unlawful detainer and ejectment. Laying claim to abandoned property is a statutory matter that must be done in the correct way. Look at the Alabama statutes on abandoned property. You would have to go to court and give them notice. They also may have something in their contract that allows them to leave the property on her land for a period of time so they can arrainge to pick it up. Good luck
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