The AI Legalese Decoder: A Valuable Tool for Understanding Tenant Abandonment and Property Mortgages
- November 23, 2023
- Posted by: legaleseblogger
- Category: Related News
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Tenant Abandonment of Trailer with Mortgage on Property: How AI Legalese Decoder Can Help
My father-in-law is facing a difficult situation with a tenant who abandoned a trailer on his property, which has a mortgage. He leases out lots for tenants to place their trailers on, and this particular tenant had been paying lot rent until she suddenly abandoned the trailer over three years ago.
He took legal action by hiring a lawyer over a year ago. The lawyerÔÇÖs recommendations included placing an ad in the paper and notifying the mortgage company about the abandoned trailer, urging them to take action. Additionally, he attempted to contact the tenant after she left, but received no response.
This situation has resulted in my father-in-law losing rental income and having to cover the taxes for the trailer based on the lawyerÔÇÖs advice. Now, the lawyer is seeking more money and is suggesting that the owner (my father-in-law) should lease the trailer from the tenant, which appears to be a confusing and unreasonable request.
Given the complexities of this case, my father-in-law is unsure about the accuracy of the lawyerÔÇÖs advice and is seeking information about his options. The property is located in Alabama, and he needs guidance on how to proceed.
This is where the AI Legalese Decoder can be of assistance. This advanced tool can decode complex legal jargon and provide clear and comprehensive explanations of legal concepts and options. By inputting the details of the situation into the AI Legalese Decoder, my father-in-law can gain a better understanding of the legal implications and explore potential courses of action.
Furthermore, the AI Legalese Decoder can provide guidance on how to navigate the legal complexities related to tenant abandonment, property laws, and mortgage obligations in Alabama. It can offer valuable insights into the rights and responsibilities of the landlord in this scenario, enabling my father-in-law to make informed decisions and take appropriate steps to resolve the issue.
With the assistance of the AI Legalese Decoder, my father-in-law can gain clarity on the legal aspects of the situation and ensure that he is well-informed when navigating the complex legal landscape surrounding the abandoned trailer on his property. This innovative tool can empower him to make sound legal decisions and seek the best possible outcome while dealing with the challenges posed by the abandoned trailer and the related mortgage on his property.
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****** just grabbed a
He should consult a different lawyer.
i donÔÇÖt understand why he couldnÔÇÖt get the trailer towed off his property? also, what kinda scummy lawyer is he talking to? that advice is insane, book a consultation with a different lawyer
What has the mortgage company said or done? Have they foreclosed?
Because if they have, the trailer belongs to them and the old tenant isn’t even a part of this any more.
I’m not a lawyer but it sounds like you need a different one.
I would charge the mortgage company a storage fee
I wonder since it is a trailer and not a permanent structure if you could file some sort of abandonment and then file for ownership
Get a better lawyer than you have maybe a real estate attorney
Find a new lawyer.
My experience is out of idaho, so millage may vary.
In lot rentals I have had, we did an eviction on the tenant for past due rent.
Liened the trailer for rent and eviction expenses.
Had the sharif auction it off to cover the lein.
Did a credit bid at auction and took title to the trailer.
Notice was given to the bank and sometime they would bid as well to protect their position. Some times they walked away from it. Depended on the bank and equity.
Now you either own the trailer or have a new tenant as the bank.
Couple items of note.
As always with rental what your lease says can have a large impact on the outcome.
In Idaho lot rent usually needs to be brought current before a home can be moved. (The length of time may be an issue for you on collecting it all)
Finding a lawyer that does this may be hard. You will need to learn the law yourself. Often, the county clerks office can be very helpful. ( they do it more than the lawyers usually)
start sending an invoice to the mortgage company for reasonable storage fees (up to whatever your rent was usually) going back to when it was abandoned. definiteley get a different attorney. I am not familiar with Alabama law but where I am you continue to bill for storage fees until they become more than the value of the trailer. you then petition the state to title the trailer to you then sell or rent. This is similar to how a parking lot would handle an abandoned vehicle that has been towed off lot and stored. even if it has a lien the lien holder still owes the storage fees even if they didnt park the vehicle on the lot. Or if you just want it gone and not worried about money then just go through the eviction process and then have trailer towed. If the trailer is worth anything the tow company will be either paid by someone to retrieve the trailer or they will get the trailer after non payment of storage fees and towing.
This is common in trailer parks. While I cant say for sure, it’s unlikely that the trailer can be moved without causing significant damage.
He needs to find a lawyer to help him put a lien on the property, then move to take ownership. Depending on your location, this will either be in first or second position. You should be able to force a sale at that point, recoup some cash and possibly have it rent-to-own to the next person, or pulled off the lot elsewhere (though the bank will likely not allow this).
It’s also kinda shocking the bank has taken no action at this point either – has the tenant been paying them?
I would call the mortgage company and if itÔÇÖs been foreclosed, tell them to get it off your property or you will consider it abandoned and sell it for scrap.
Put a storage lien on it.
I would add that your FIL not only bill the mortgage company for the lot rent he is owed (storage fees), but also for any taxes he has already paid on it.
I would also check with the town clerk, or whomever he paid the taxes to, to see if the mortgage company also paid the same taxes. Nowadays, part of every mortgage is an escrow account, which is used to pay taxes and insurance on the property. Even, when a mortgage is in default, the bank/lender, still pays the taxes and insurance on the property, even if there is no money in the escrow, as whatever was paid is calculated into the foreclosure. There could very well be a credit on the account at the Tax Collectors office, or the Tax Collector may have returned the “overpayment” to the bank/lender.
If you find there is a credit there, I would inquire if it can be returned to your FIL directly, and what the procedure would be. If there is not a credit, I would add the amount to the bill your FIL sends to the bank/lender for the lot rent/storage fees that are due him.
You should also find a different attorney…one who specializes and is knowledgeable and competent in real estate. As you are unsure if the mortgage is still being paid by the owner or not, unsure if the bank/lender has even started the foreclosure process, or what step the foreclosure is at if they have, unsure of what the laws in your particular state are if the property has truly been abandoned or not…it’s imperative that your FIL has someone experienced and knowledgeable in this area of law to protect his rights and any interest!!
Most attorneys offer a free, or very low cost, initial consultation…I would recommend scheduling a consultation with 2 or 3 different attorneys before selecting one to work with. Have your FIL prepare a short list of questions to ask beforehand, as the consultation is usually brief…maybe 15-20 minutes. This way, he doesn’t forget to ask something he feels is important to him, and he can ask the same questions of each attorney to make a fair assessment.
Sending hugs and positive vibes to you and your FIL that all turns out well, and that this matter can be resolved quickly, with the best possible outcome, for him!!
DonÔÇÖt know your laws where you are but can you tow the trailer to public road and have bylaw worry about towing the trailer
Why can’t you put a lien on the trailer eventually take possession of it an then rent it out yourself for income
You’ve received good advice here. I’d also ask your new attorney about a possible professional ethics violation regarding the previous attorney’s actions.
Put it on craigslist free someone will take it
NAL but in my state he wound be able to file a lien on the trailer and it would have to be paid before the mortgage company could sell the trailer. He needs to consult a different lawyer.
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I would look at the mechanic liens act and bill for storage. I would ask the mortgage company for insurance paperwork for the trailer. Also bill for taxes father in law paid and take it to small claims court. You can do it lawyer is costing too much plus ask for lawyer fees hebpaid
So a travel trailer or mobile home?
Either way I’d start figuring out how much back lot rent is owed and attach a lien against the trailer. Lawsuit against the owner but it gets levied against the trailer. Even if it gets foreclosed on, you’ll likely get paid out.
This is why it is extremely difficult to get a mortgage on a trailer house. If its on wheels contact a towing company. This is what they do. They understand the business of dealing with discarded property. Way cheaper than a lawyer. Contacting the mortgage company thats its being towed will also light a fire under their ass as they actually own it. Oh did i mention fire.