Legal Question in Real Estate Law in Virginia

Deed of Trust

My husband's father is a co-signer on our mobile home. The bank also required his dad to sign a deed of trust.Our home was then placed on my father-in-laws land where he also has a home. He is now saying he is going to sell the property we live on. Our loan is for 20 yrs. and we have only been here for 31 payments. Can he sell the property with our loan holding a deed of trust and leave us with no where to go?


Asked on 7/22/02, 9:55 pm

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

Re: Deed of Trust

If in fact your father-in-law foolishly executed a deed of trust for his property in favor of the bank as a guarantee of payment for your mobile home loan, if and when he sells, the bank will have to be paid first out of the proceeds of the sale, after which, I'm afraid that you're correct

in your assessment that you and your husband would have to find new parking grounds for your mobile home.

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Answered on 7/22/02, 10:57 pm


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