Legal Question in Real Estate Law in Missouri

My brother-in-law helped us out of a financial situation in May 2011. He bought a mobile home that was in a mobile home park. He knew from the start that we would not be able to make payments immediately. An amortization was worked up at 6% interest and 180 month payment schedule, which included park lot rent. We have on several occasions tried to start making the payments, as the lot rent was $288 per month and we did not want to borrow money to pay someone else. He wanted control over what we paid to whom and when.

We just put our foot down and told him no more. We were going to start making payments beginning November 2012. He is wanting to re-key the locks and obtain a key for himself. We believe this should be more of a mortgage arrangement.

The title of the trailer has my wife and his wife as owners. We have declared the trailer on our personal property tax form per his instructions.

He is threatening that he could force us to move in 5 days, saying he has talked to an attorney, if we don't allow him to have a key. He is also saying that we are at his mercy as far as how the load is paid, and that he is not required to act in a mortgager/mortgagee manner.

With my wife on the title and us paying personal property tax, who actually owns the trailer in the legal sense? What rights do we have and what non-traditional authority does he have on this? He has never issued a "NOD" document and like I said, has refused to allow us to pay.

Thank You


Asked on 10/09/12, 1:06 pm

1 Answer from Attorneys
Anthony Smith LawSmith

You have lived basically rent free for 17 months and are upset that you can't get credit for what you have paid? It sounds like your wife and her sister own the trailer. Your brother-in law is not owed any money, and cannot control how you use ro live in the trailer. But, his wife can. Figure out what the fair market rent would be for the trailer. Pay half that amount (minusone half the property taxes you pay) to your wife's sister. She may be entitled to a key, if she refuses to accpet half the rent. She is entitled to periodically (about once amonth) to inspect teh property for damage, etc.

Good luck

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Answered on 10/13/12, 6:46 am


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