Can I still live in a home that the owner filed bankruptcy on? 10 Answers as of June 15, 2011

Can I still live in a mobile home that the owner filed bankruptcy for if I make the mortgage payments? The landlord filed a chapter 13. The lawyer said she had to either let car or mobile home go back she chose the home. Can I still live there if I make the payments and have them not retrieve it?

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Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
When a bankruptcy is filed the debtor can decide to keep or give up property such as a mobile home. If the property is surrendered the lender decides whether to keep the tenants or not. You should continue making payments to the lender or set aside the payments in a special bank account until it is decided who is entitled to them. Be sure to communicate what you are doing with the lender. Also, the bankruptcy trustee may tell you what to do with the rent payments.
Answer Applies to: California
Replied: 6/15/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Doubtful, unless you buy it from her. If you make the mortgage payments to the creditor, it remains the owner's property. Her lawyer could give her a more precise answer on your behalf based on the particular circumstances, if the owner is willing to do this.
Answer Applies to: Virginia
Replied: 6/15/2011
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
Per your stated facts: if the owner is not surrendering the home to the lienholder, and payments are current, then the bankruptcy does not effect a material change to your circumstances. Note, a property can be surrendered to a lienholder within the context of chapter 13, however, there is no liquidation by a trustee in chapter 13.
Answer Applies to: California
Replied: 6/15/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Probably not unless you have an agreement with the lender on the mobile home and the court does not consider it an asset that can be liquidated.
Answer Applies to: California
Replied: 6/14/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You could live there is the payment is made. However, at the end of the payments the owner would get the mobile home. In essence, you would be buying the mobile home for them.
Answer Applies to: California
Replied: 6/14/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    One would think the owner would want you out so the bank would take the mobile home back. What if the insurance expired and there was a fire? The bank probably would not realize you were there, but in the eyes of the law you would just be considered a squatter. Additionally the Chapter 13 plan would state that the mobile home was being surrendered. On the other hand, if you make the payments I don't understand why landlord has to surrender it. You would have to pick up the cost of insurance and taxes to make it cost landlord nothing.
    Answer Applies to: California
    Replied: 6/14/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    Potentially you can keep the property out of foreclosure by making the payments. You will need to take action to protect yourself however and should speak with an attorney to prevent the owner from just keeping the property while you make the payments.
    Answer Applies to: New Hampshire
    Replied: 6/14/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    It is not your loan, but the lender may be willing to accept payments form you if the loan is current. You should check with the lender. However, since you are not the borrower or the owner, you should consider if the loan payment (and space rent to the park if there is one) are the same as the rent. Otherwise you are paying rent for something you will not ever have any ownership.
    Answer Applies to: California
    Replied: 6/14/2011
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    Yes, if done correctly, a bankruptcy may allow you to keep your home.
    Answer Applies to: California
    Replied: 6/14/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Unless they retain the home in Chapter 13, no. You need to plan to move. You may have some limited rights as a tenant under state law and perhaps federal law, but long term you won't be there unless you work out a deal with the lender.
    Answer Applies to: Georgia
    Replied: 6/14/2011
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