Legal Question in Credit and Debt Law in South Carolina

Claim on real property

8 years ago my son purchased a mobile home for me. It is still financed in his name although I have made all the payments and the finance company knows that I am the one living in the home. My problem is, he had a vehicle repo'd several years ago and now a collection agency is threatening to make claim to this mobile home for the balance he owes. What if any legal leg do we have @ what can we do to protect ourselves? Any info would be greatly appreciated.


Asked on 4/17/07, 2:45 pm

1 Answer from Attorneys
Sheryl Schelin Law Office of Sheryl Schelin

Re: Claim on real property

Short of getting your name on the title to the mobile home (which you should try), there's not much you will be able to do. If the home is in your son's name then it's his asset, and since he's not living in it, he won't be able to protect it through the homestead exemption. There may be other exemptions under state law he can take advantage of that will have the effect of protecting your interests but those exemptions belong to him.

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Answered on 4/18/07, 6:38 am


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