Legal Question in Real Estate Law in Georgia

Repossession/Default

Me and my husband purchased our home about 2 years ago. We understand that when you purchase a mobile home you have to have insurance. We have insurance and the finance company holds us accountable for the insurance money they paid during our lapse. We recieve about 3 to 4 calls a day saying we owe this money. It finally got so bad we changed our number. At first it was $26.75, so we paid this moneyover the phone and the lady we spoke to assured us that if we pay this we do not owe anything else. Then they called like a month later and said we owe them 271.90, which is a full house payment. Last month a representitive called and said that we only owe $32 but a week before the company sent a letter saying we owe $12 so today when me and my husband came home it was a note on our door stating that we owe $575.80 and if we do not pay this we will lose our home. What do we need to do about this because we do not owe this money?


Asked on 12/27/01, 8:44 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Repossession/Default

You must first determine whether the company trying to collect money from you has a first lien, first title lien, etc. against your mobile home. [A mobile home is personal property and is governed by UCC and personal property law. Land and a house is real property and is governed by real property law. A house might have a first mortgage or 1st DSD against it.] Anyway, if the collector has a first lien against your property and your failure to pay is a condition of default, then they might just decide to use legal process to sell your property and collect the money by repossession and sheriffs sale, etc. If, however, they do not have a first lien, then you might want to consider telling them to buzz off and read your rights concerning collection of contested debts under the Fair Debt Collection Act. See, www.ftc.gov/bcp/conline/pubs/credit/fdc.htm for more details on the law. Go back and do the accounting. If you owe the $, pay it. If you do not owe the money, dispute it and make them sue you in magistrate court (if "IF" they dont have a first lien). Hugh Wood

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Answered on 12/27/01, 11:24 pm


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