Legal Question in Credit and Debt Law in Georgia

I am 5 months behind on mobile home payments (282 per month includes tax & insurance escrow). I am fully prepared to have my trailer repoed by 21st mortgage just because I'm sick of dealing with their rudeness and harassment. Payoff is 5 or 6k. I don't own the land, so trailer has to be moved. The trailer is falling apart anyway, so I'm not stressing losing it at all. I haven't recieved anything from 21st lawyers about repossession yet. When I do get notice of repo, how long will I have to vacate? I live in GA.


Asked on 1/03/17, 8:32 pm

1 Answer from Attorneys

You will have awhile to vacate. If you do not own the land, then I assume the trailer is not attached to the land. If that is the case, mobile homes are treated like vehicles - the same process for foreclosure does not apply. However, mobile homes are more difficult to repo than a car. You indicate you have not received anything. In such case, don't do anything. May as well as live there rent free for as long as you can.

If the home is in that bad of shape, the lender may decline to repo the home and sue you for the balance. There is nothing which requires them to foreclose. If they do intend to sue, then you will receive notice that you have been sued. You generally have 30 days to respond to a lawsuit. After that, a judgment will be entered. If they somehow exercise their self-help rights and repossess it, you still will be notified that the trailer has been sold. Any new buyer would then write to you and tell you to get out within a certain timeframe. IF you still refused to leave, the new buyer would have to bring eviction proceedings against you.

However, if you do not own the land, who does? Is it in a mobile home park? Are you paying lot rent? If not, the owner of the land may be upset. Unlikely the owner of the land would pay to have the trailer removed but that again would only be done after some kind of notice and court proceeding.

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Answered on 1/04/17, 11:22 pm


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