Legal Question in Landlord & Tenant Law in Virginia

We had a mortgage and were evicted, is that legal?

My husband and I were owner-financed a mobil home in Waynesboro, Va. We were financed through an LLC compnay that owns a couple of parks in the area. Our mortgage payments and lot rent went to two seperate people. We were behind on both payments and were given a notice to appear in court, we paid the delinquencies before the court date and the judge granted the eviction anyway. We never went to court because we figured we had payed so we were ok. We then got a letter of eviction from the sheriffs office. We were only renting the lot not the home, we paid on it for 4 years and 9 months. Shouldnt we have been served differently since we didnt rent the home as well

? How does that work when it is split like that? We never got any foreclosure paperwork was it legal for them to throw us out like that? We had bad credit to start with and never realized we were being taken advantage of by a predatory lender. My ex-husband found us the home, and had all the paperwork done without me so when we arrived on closing day and handed them 5000 dollars I found out we had a ballon mortgage that was interest only payments and after 5 years we would owe the full asking price still. Any advice you can give me would be greatly appreciated. Thank you


Asked on 4/02/08, 11:58 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: We had a mortgage and were evicted, is that legal?

One of the majpr problem is that you assumed all was "sweetness and light" after you got your notice to appear in court and paid up what you thought were your delinqencies (which obviously did not cure the defaults)and, therefore apparently didn't bother to appear to present your side of matters to the judge.

BIG MISTAKE, as apparently the mortgage on the trailer was then foreclosed and the park operator's

action for eviction granted.

And, now, of course, you're wondering how all this came to pass and what your remedies are now likely to be, if any.

I don't believe that you now have any such remedies(or at least any that would be worth pursuing).

Next time one of your relatives or former spouse(s) signs you up for a ballon mortgage, you might want to run it by a lawyer before signing on the dotted line.

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Answered on 4/05/08, 11:41 am


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