Legal Question in Real Estate Law in Texas

Mobile home issue

My friend and her husband bought a mobile home. They had been having some financial difficulties and decided to let them foreclose on the home. They own the land the home is on. The finance company ordered them to get out back in December so they could take possession of the home. They have not come to pick it up yet. They have said they would come out on 3 separate occassions, but they never show. They have called repeatedly and have only been treated very harshly. In fact the last time he called the woman told him that they would move the home when they resold it and they would just have to deal with it. He is a builder and plans to build them a home on the land, but can not do so because the home is in the way. They are no longer owners of the home and have moves completely out, but they still have to pay taxes on it because it is on their property. What can they do about this? How can they get them to move this home off of their property? I don't think there is enough evidence here to call it abandonment. I'm not sure, but she asked me if I knew of anything they could do. I just want to help them. Please help. Thanks.


Asked on 7/16/07, 4:56 pm

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Mobile home issue

You don't have to pay personal property taxes on the mobile home, only the real property taxes on the land. You can ask the mobile home company to pay rent (and back rent) while the home was trespassing on the property after foreclosure. If they fail to pay a reasonable rent, you can probably win a judgment from small claims court for that amount.

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Answered on 7/16/07, 5:12 pm
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Mobile home issue

Ryan Bormaster, in my office, handles this area of law. He indicates that you may have a right to charge the owner of the trailer for rent and taxes and that you may have a right, in certain circumstances, to sell the trailer to recover the rent and tax money. You may even be able to recover attorney's fees and costs. If you would like to talk to him, please contact his paralegal, Carrie Smith. Her email address is "[email protected]". He does not charge for initial consultations.

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Answered on 7/18/07, 10:57 am


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