Major Problem

[Kim]

I need to move my double wide home from its property. Reason being, a family member signed a "deed of trust" and allowed me to place my home on her land. She now wants to charge me $150.00 a month for rental of the land. now, I refinanced my home in 2000 and she again signed and my name has been added to the deed for the land. From what I hear she doesn't have a leg to stand on, but I want to be rid of this problem and possibly relocate the home or some how get rid of it! I have been leaving in my home for almost 9 years now. She has no interest in buying it. I have no clue on what to do. Can I purchase land somewhere else? How much does it cost to move a double wide? Are they moved often? Can someone give me advice on what my first move should be?

[rmurray]

Sounds like your problem might be MUCH bigger than you think.....You are right..she has pledged the property as an inducement to help you get a loan....Then she GAVE you 1/2 ownership on the second loan....She has no LEGAL right to do anything unless she wants to payoff the mortgage..She may have the right to demand you pay her for the use of her 1/2 but the mortgage comes first..See an attorney in your area to get exact info on your rights

By far the toughest problem you have is the term "deed of trust" is only used in mortgage speak..which probably means your home AND this property is all tied into your mortgage...Which also means it IS part of the collateral the bank has to secure the loan...Your loan would be in immediate default if you were to move the home...You would have to be fully prepared to pay off your mortgage before the home is moved..Worse..just moving it would probably also be a criminal act (usually a felony)..all states (and federal law)have different ways to protect a lender from folks hauling off the collateral...

Talk to your lender..read all your closing documents carefully...If this was a home only loan the deed would have never been mentioned when financing...You seem to have a big mess....both legal and with family relations...You and her need to figure some sort of solution to your relationship problem....Cheaper than moving the home would be paying her a fair amount for her 1/2 interest in the property..Be sure to consult an attorney this time to make sure all understand where you are now and to handle the paperwork in a proper manner....

If she has no interest in the home..you might have to sell it and the land and agree with her about a fair payoff plan..When she consults an attorney she will be told her legal ownership has been subordinated to the lender and they are first in line for payment from you....Of course it will take a family counselor to handle the family relation problem..

[rmurray]

Sounds like your problem might be MUCH bigger than you think.....You are right..she has pledged the property as an inducement to help you get a loan....Then she GAVE you 1/2 ownership on the second loan....She has no LEGAL right to do anything unless she wants to payoff the mortgage..She may have the right to demand you pay her for the use of her 1/2 but the mortgage comes first..See an attorney in your area to get exact info on your rights

By far the toughest problem you have is the term "deed of trust" is only used in mortgage speak..which probably means your home AND this property is all tied into your mortgage...Which also means it IS part of the collateral the bank has to secure the loan...Your loan would be in immediate default if you were to move the home...You would have to be fully prepared to pay off your mortgage before the home is moved..Worse..just moving it would probably also be a criminal act (usually a felony)..all states (and federal law)have different ways to protect a lender from folks hauling off the collateral...

Talk to your lender..read all your closing documents carefully...If this was a home only loan the deed would have never been mentioned when financing...You seem to have a big mess....both legal and with family relations...You and her need to figure some sort of solution to your relationship problem....Cheaper than moving the home would be paying her a fair amount for her 1/2 interest in the property..Be sure to consult an attorney this time to make sure all understand where you are now and to handle the paperwork in a proper manner....

If she has no interest in the home..you might have to sell it and the land and agree with her about a fair payoff plan..When she consults an attorney she will be told her legal ownership has been subordinated to the lender and they are first in line for payment from you....Of course it will take a family counselor to handle the family relation problem..

[rmurray]

Sounds like your problem might be MUCH bigger than you think.....You are right..she has pledged the property as an inducement to help you get a loan....Then she GAVE you 1/2 ownership on the second loan....She has no LEGAL right to do anything unless she wants to payoff the mortgage..She may have the right to demand you pay her for the use of her 1/2 but the mortgage comes first..See an attorney in your area to get exact info on your rights

By far the toughest problem you have is the term "deed of trust" is only used in mortgage speak..which probably means your home AND this property is all tied into your mortgage...Which also means it IS part of the collateral the bank has to secure the loan...Your loan would be in immediate default if you were to move the home...You would have to be fully prepared to pay off your mortgage before the home is moved..Worse..just moving it would probably also be a criminal act (usually a felony)..all states (and federal law)have different ways to protect a lender from folks hauling off the collateral...

Talk to your lender..read all your closing documents carefully...If this was a home only loan the deed would have never been mentioned when financing...You seem to have a big mess....both legal and with family relations...You and her need to figure some sort of solution to your relationship problem....Cheaper than moving the home would be paying her a fair amount for her 1/2 interest in the property..Be sure to consult an attorney this time to make sure all understand where you are now and to handle the paperwork in a proper manner....

If she has no interest in the home..you might have to sell it and the land and agree with her about a fair payoff plan..When she consults an attorney she will be told her legal ownership has been subordinated to the lender and they are first in line for payment from you....Of course it will take a family counselor to handle the family relation problem..

[Kim]

Yep, murray! You hit the nail on the head. Well to tell you the truth, everything that would be propositioned, she will find something wrong or not cooperate with other parties that may be involved. I don't want to mess my creidit any more than what's been done. Is's really gotten to the point where I just feel like packing up and leaving with her fighting to keep her propert. However,I kmow that's not the right thing to do. Murray, you have been so helpful. I just want to thank you!

[Kim]

I don't know if you got the message Murray, but thank you for your advice. Just a little note: Property taxes are not included with the mortgage payments. I pay them. The bill is sent to her with both names attached and she sends me a copy. She harasses me until I pay them which is not on her time table. I make payment arrangments with the county so, she shouldn't continue to harass me, but she does anyway.I have until the 1st of the year before interest is added, but she doesn't care. I get a copy of the tax bill in late August/early September. I try to explain my medical bills prevent me from having the money in one lump some. Technically she should pay for a portion of the property that I don't use.

[rmurray]

Sorry about the multiple posts..The web site here has had a few problems lately..The webmaster has had his hands full deleting hundreds of spam posts in the last few days..

Sounds like you and your relative need a referee....Maybe you could approach another relative for help to bridge the gap between you 2...Life is much too short to stress out over stuff like this...Sounds to me that your relative is just now figuring out how dumb she was to pledge her property for someone else loan...Sounds like she is taking out her self doubt on you...

From what you have said..you will have to give up any idea of moving the home...It would be much better to get some other relative to help you 2 settle your problems..

[Kim]

Ahead of you Murray,
I spoke with several family members, my father (her brother), her sisters, and none understand why she's doing this now. They've all said she's the meanest and craziest of the family. One sister tried talking with her and told her she didn't think it was right what she was doing to me. She replied by cussing her out and sent her a certified letter expressing her displeasure in my aunt voicing her opinion and told her point blank to mind her own damn business and to leave her the "f" alone! So, now what? I hate to say this, but I guess it was a big mistake or as you put it, "dumb" for her to pledge her property. I am the dumb one, but I didn't know. I would've never asked had I known this is what she was signing for. There was an old house there before mine. I asked if I could renovate that home before I got the bright idea to ask to use the property. She refused yet.....she allowed me to tear the old house down and put mine there (go figure). I wish to goodness I knew what I was thinking back then, but I do take responsibility for my ignorance. I am so spent on this. I don't even feel comfortable living there. I never realized the difficulties in the use of the property.

[rmurray]

I understand your pain....We are heading out of the topics normally handled here...If she is that unreasonable..she is heading to pushing you into making her to deal with the loan all by herself..Have you ever asked what she would want to sign over the other half of the property to you?? This seems to me to be the only long term solution to your problem..If that does not work you may have to play hardball...And let her know what your options are and where she stands in all of them....

I wish you luck and hope all works out....