Posted by Anne_ND on September 11, 2003 at 17:24:52:
Thanks for the compliment Doc! Law school sounds like fun but I just retired in May and I have to get some serious relaxation in before contemplating a return to grad school.
cheers,
Anne (also a doc)
Customer no longer wants home - Posted by Bruce
Posted by Bruce on September 10, 2003 at 02:10:52:
I hope someone can advise on a couple areas. Sold a MH in July to a woman who was buying for her father as he was living in a home she owned and was not paying anything. My sales price was 4000. I purchased for 1000 with lot rents cleanup ect. I have a little over 2100 in home. She paid 2250 down and with refund on my insurance and lot deposit and rent as of now I am about 500 ahead. Here the problem she was going to pay balance due on 9/9 of 1750.00. On 9/5 she called and wants me to take house back and keep what shes paid so far.
Her father hit and run someone about 3 weeks ago driving drunk and injured someone. Now he is in jail on a felony, and she has had it with trying to help him. Now normally I would gladly take back and sell again. The reason I am hesitating is the park. They are very difficult and slow to approve someone. I had 2 other applicants turned down after waiting to hear from the park. They have both times taken almost 2 weeks to answer the credit app. They also want the 1st,last months rent up front along with a deposit. They are charging for water now and the water smells terrible. There are several other homes for sale last time I was there. I was able to sell mine as I was willing to finance
but it took about 1 1/2 months due to the slowness of park on applicants. The title is in her fathers name with her listed under owner it says TOD: then her name what does TOD stand for. I am listed as a lienholder. She also signed a installment payment agreement which was notarized. Lastly to help approval she signed a one year lease with the park.
I would not hesitate except for dealing with the park to get another buyer approved. I really do not want a war with her and would like to avoid court. The park is owned by an individual who has several parks and also a lot of rentals. He has a rental office and a full time staff to handle business. They do not seemed to concerned as they told one of my applicants who they rejected. He asked don’t you want to rent your lot? They told him they don’t care as it was already rented, they meant to me. I approached them about this and they said no they would process my applicants promtly but then were very slow with the person who I sold to. Sorry for lenght of this. Any advise is appreciated and what does TOD on the title stand for.
Thanks,
Bruce
Re: Customer no longer wants home - Posted by Phil Pelletier
Posted by Phil Pelletier on September 12, 2003 at 01:32:45:
This really is her problem, because SHE is on the hook for the rent to the park. Depending on what state you are in, they (the park) probably can’t touch you or the home until she has defaulted on her rental agreement (broken her lease), and then the park has to get a judgment against her. If you explain that she just needs to pay the ground rent until you find a buyer for the place, you are saved harmless in the situation, because you are up $500 from day one. Nice work. There are a ton of people who do this full and part time and get into the same situatiojn you are in and they only have a $500 down payment against a 36 month note. Count your blessings and get her to pay the rent until you can sell it “for her”.
I understand your situation with the park approval. Right now, I am only working one park in Oregon, because all the others think they are renting out the Ritz and they deny everyone I send them.
She needs to pay rent and give you her key now.
Phil Pelletier
Re: Customer no longer wants home - Posted by Rod - Mo
Posted by Rod - Mo on September 10, 2003 at 19:04:15:
Bruce,
In addition to the excellent advice you have already received, perhaps you can motivate the PM. A number of posters on this board have reported good results when they give the PM a little extra cash. Many list $100 as their standard. I give the PMs I work with $200 for showing and finding a buyer. Works like magic.
Best of luck
Rod
Re: Customer no longer wants home - Posted by Anne_ND
Posted by Anne_ND on September 10, 2003 at 08:36:02:
Hi Bruce,
Have her pay the lot rent until you find another buyer who is approved. If I’m understanding correctly, she’s on the hook for both the lot rent for 12 months and to pay you for the home. If this is the case, would she still have to pay lot rent even if you took the home back and decided to move it? Sounds like she is.
Help her solve her problem but don’t make it yours.
I’m not a lawyer,
Anne
Re: Customer no longer wants home - Posted by Bruce
Posted by Bruce on September 10, 2003 at 02:13:43:
Sorry for the misspellings. Tried to correct browser wouldn’t retrieve message.
Anne, maybe you should… - Posted by Dr. Craig Whisler CA NV
Posted by Dr. Craig Whisler CA NV on September 10, 2003 at 11:02:47:
…become a lawyer. Excellent advice.
There are often two kinds of advice we need from time to time: legal and practical. E.g. you may have a solid legal right to sue someone, but if they are judgmentproof and you couldn’t collect on your judgment, why bother?
Anne has given you excellent advice, both legally and practically.
I have never heard of the term TOD. It isn’t common in my part of the country but I sometimes have call to sign my name under someone else’s’ as agent, to remove legal liabiltity from myself.
The question you need to answer is what will happen if you press her honor her installment contract with you as well as to pay the space rent? Will she likely default or do you think she will pay? If you did your due dillignece before making this deal you should have a copy of her credit record and know about her job, home ownership and other assets etc.
If she has a long term steady job and or excellent credit that you believe she would want to protect, I would require her to pay whatever she contracted for, at least until you can resell it and determine your loses if any.
If her job, credit, etc are problematic, then I would lighten up a bit and do as Anne has suggested and try to just get her to pay the space rent until you get it resold. That is all you would probably be able from a court anyway. It would be unfair for a judge to give you a judgment for a full years’ rent and then you resell it and don’t have to pay more than one month’s rent.
The situation with the mobile home is slightly diferent. You would be more likely to get a judgment for the full purchase price for two reasons: one is that when she pays she gets something for her money (the benefit of her bargain) and the other reason is that each mobile home is unique and speciic performance is one of the more commmom remedies when sueing over contracts involving unique property.
Talk it over with her explaining that she and her credit are responsible for both contracts (the space rent and the mobile home). Offer to help her out of HER problem, but remind her that he was HER father, SHE signed, and it is HER problem.
You should try to find a new buyer for the mobile home and get him approved by the park, BEFORE you release her from ANY liability. You may have to sell it at a lower price the second time, to get a quick sale or to attract a well qualified buyer, who knows?
You have to now do much additional work. It would not be remiss for you to expect to earn a fee of about $500 for this additional work, especiall if if you find another buyer for her.
Regards, doc
Re: Customer no longer wants home - Posted by Jack
Posted by Jack on September 10, 2003 at 06:38:30:
TOD mean Transfer on Death.
Example. Joe Doe TOD Jane Doe. Joe Doe is the owner of the property. If Joe were to die, it would be transferred to Jane. It sounds like from your post, the owner is the father. Hope this helps.
Jack