Legal Question in Civil Litigation in Texas
removing mobile home with a lein
I recently purchased property that has a run down mobile home on it. The old owner agreed to have the home removed (verbally).After numerous calls with no reply, I contacted the company that sold the home to them. I did find out there was an unpaid balance on the home.
The lein holder has made several attempts as well to have the party pay to have the home removed and agreed to forgive the debt in full upon removal or he would pay to have the home removed himself. 3 weeks later, I contacted the lein holder again, he now tells me that the home is of no value to him and to contact the owner myself. If no payments are being made by the owner and the lein holder refuses to process foreclosure and remove it. What recourse do I have to have it removed with a balance still owed to the lein holder.
1 Answer from Attorneys
Re: removing mobile home with a lein
Unless you can get a written waiver and release from the lienholder, you're looking at a lawsuit.
I'd suggest writing to both parties demanding that they remove the mobile home from your property, since they are now trespassing. If they refuse to remove the mobile home, you'll have to file a suit ordering removal, with both the owner and the lienholder as named defendants.
You should then be in a position to negotiate either the removal or destruction of the mobile home. Unfortunately there's no easy way to get to that point if both of them won't part with the money to do what's right.
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