Legal Question in Criminal Law in Texas

We financed a mobile home; the finance company sent us a clear title. We didn�t pay off the home. After 7 years we sold the home in 2004, we went thru a title company now the home is in the new owner�s name and they have it financed with a different company. We continued to make payments. Now that I have been unemployed for 2 years we can�t afford the payment. We are thinking about filing chapter 7 bankruptcy. What can the finance company do if we don�t pay? Can they go after the new owners? Can they file charges on us?


Asked on 8/24/12, 2:07 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

If you had the title to the home, then seemingly you had the right to sell it - they waived their interest in the property. However, they do have the right to sue you. (That said, they could argue that it was a mistake and they probably have a clause in your loan documents saying that you cannot sell the home without paying off the mortgage - or some similar clause. If so, then a really hard nosed cop / prosecution team could try to seek charges.)

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Answered on 8/25/12, 1:27 pm


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