Legal Question in Credit and Debt Law in Missouri

Repo

We had a vehicle repoed 10 months ago. We've just been served with suit papers. My husband's disability is still pending & my hours have been cut to 30 per week. I bring home $200.46 every monday. Can they take our mobil home on 7 acres?


Asked on 10/04/08, 11:10 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Repo

They are seeking what is called a deficiency judgment. A deficiency judgment will act as a lien on real estate. That means real property (house, land, etc.) can't be sold without paying the judgment. But a mobile home is a piece of personal property until it is converted to a piece of real property. According to statute:

1. The owner of a manufactured home may convert the manufactured home to real property by:

(1) Attaching the manufactured home to a permanent foundation situated on real estate owned by the manufactured home owner; and

(2) The removal or modification of the transporting apparatus including but not limited to wheels, axles and hitches rendering it impractical to reconvert the real property thus created to a manufactured home.

2. The conversion of a manufactured home to real property by the method provided in subsection 1 of this section shall prohibit any political subdivision of this state from declaring or treating that manufactured home as other than real property.

V.A.M.S. 700.111

So if you don't want the sheriff to seize your mobile home, you probably need to take the wheels off put it on a foundation. If that's been done, you're probably in good shape.

You might also look at selling one or two of the seven acres you own to pay the judgment.

Disability income cannot be garnished; regular income can.

This is basic "first aid" stuff here. You need to see a lawyer to get additional help. Legal Aid may be able to help you.

Good luck.

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Answered on 10/06/08, 10:56 am


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