Legal Question in Real Estate Law in Florida

My moms manufactured home is through GREENTREE and she resides in Florida. Since the death of my father things have gotten hard for her. She is 84 and on Social Security and has lost my dads Social Security as well. My dad had NO life insurance so needless to say she is very limited on incmome. GREENTREE at one point told her they would work with and then decided, no. My mom in all the years having the mortgage was NEVER late. Anyhow, they are now forclosing on it. My mom owns the land free and clear and it is not tied to the mortgage. They sent her a letter stating that they will "destroy" what is necessary to obtain "thier" property. There is a well, horse pens and trees in the way of them moving this home. If that happens and they knock all of this stuff down, we will have 15 horses with NO water since that is what is used to water them. Is it legal for them to do this? Do we have any recourse?

Please help.

Thank you.


Asked on 3/25/13, 7:23 am

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

If your mom is not late on her payments then there should be no recovery of the property. In any event, the simple answer to your question is that they are not legally permitted to destroy personal property (including fencing) to recover anything.

Your mother may have some options to resolve this and should consult with an attorney.

Read more
Answered on 3/29/13, 6:36 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida