Mobile Home MT 7-DAY Notice for Non-Pay

[mobilehomemt]

Hello,

I am unable to pay rent and an amount has been charged for the month of December, late fees, and the month of January. Also, there is an additional charge for a broken water meter that froze.

I know that I am unable to pay this amount and found an eager buyer of the trailer. I advised them that I still owed an amount and of my 7-Day Notice.

This eager buyer went to get a background/credit check from the landlord. The landlord disclosed the amount owed, and informed the buyer that a lien would be placed on my title in that amount.

So, can the landlord disclose my amount due to a 3rd party without my permission, and can they advise of placing a lien before any judgement has been made in court to a 3rd party. Also, this is an interested buyer, and if that buyer no longer wishes to purchase the mobile home due to the Landlord's disclosure, can I seek damages for the loss of the sale?

Thanks

[sandyclaus]

If the LL is seeking a lien on the property, then he can absolutely inform the buyer of this fact, since it will be a mitigating factor in the purchase.

Why do you have an issue with the seller disclosing that a lien is to be placed and the amount of the lien? Since you stated that you already disclosed to the buyer that there was an outstanding amount due, then it could simply be a confirmation of that fact, and of the amount in question.

Unless, of course, you failed to disclose the actual amount to the buyer, in which case, your withholding of that information might just be the reason that the buyer might decide not to go through with the purchase. In that event, then your own actions would be at fault, and you most certainly would not be able to make a valid claim against the LL for your own failure to disclose relevant information in consideration of the purchase.

[mobilehomemt]

I didn't disclose the amount owed on the LOT rent, not the mobile home, I own the mobile home. The LOT rent is my dues, and I don't understand why anybody else should know this amount. The lien WOULDN'T be placed on the title if the amount was paid before judgement, and I could have paid that with part of the amount in the sale.

I guess someday if I own an apartment building I can just publish what every tenant owes me on the morning news...

The office should have ran his background check and said welcome to the park.. they would have money, the buyer would have a trailer, and I could have left debt free on it.. .win-win-win... now it is a nightmare because of the threat of a lien. I just don't think it was in anybody's best interest to do what they did.

[sandyclaus]

Originally Posted by mobilehomemt I didn't disclose the amount owed on the LOT rent, not the mobile home, I own the mobile home. The LOT rent is my dues, and I don't understand why anybody else should know this amount. The lien WOULDN'T be placed on the title if the amount was paid before judgement, and I could have paid that with part of the amount in the sale. I guess someday if I own an apartment building I can just publish what every tenant owes me on the morning news... The office should have ran his background check and said welcome to the park.. they would have money, the buyer would have a trailer, and I could have left debt free on it.. .win-win-win... now it is a nightmare because of the threat of a lien. I just don't think it was in anybody's best interest to do what they did.

Actually, if the LL ends up getting that judgment, then they can place a lien on any valued asset you own. That includes the mobile home you are trying to get rid of (which could be seen as trying to dispose of assets to avoid payment of the debt). Of course, there's also no guarantee that you would end up paying off the debt before you leave, either. And that would mean that your buyer could ultimately end up owing what you do now.

This way, the buyer knows exactly the position you put them in, and can use that information to ensure that the debt gets paid off BEFORE the sale is completed. What your LL did was in the BUYER's best interest, just not so much in your own.