Legal Question in Landlord & Tenant Law in West Virginia
Mobile Home Repo
My wife and I declared bankruptcy in Oct 2003. We have a mobile home which was discharged in the bankruptcy, but we continued to make payments to keep the collateral. It is in a rental park, and we were renting-to-own the trailer. The tenant paid the lot rent. The tenant moved in Feb. and the landlord requested we move the trailer. We have paid lot rent, but we owe 2 months on the trailer payment. We got a cert. letter dated 8/23/06 saying we have 30 days to cure the default or the trailer will be repoed. I spoke with the coll. person, who said the letter is nothing and said he is securing the trailer. Since they are repo-ing the trailer, are we responsible for having it moved out of the park or is the note holder? I do intend to contact our bankruptcy lawyer regarding the matter, but I would appreciate some insight before I take any further steps, like notifying the landlord.
Thanks
1 Answer from Attorneys
Re: Mobile Home Repo
I would need to see any written lease or purchase agreements re: MH. Also, did you have a lease with tenants?