Dee,
In my notes lack of insurance is reason for default and I’d issue a notice immediately. When I send a default notice I also send a “Surrender of Premises and General Release” for them to sign with a note that says something like "To prevent legal action and a bad report to the credit bureau, please sign this and be out of the home by the first (fifteenth, whatever).
As far as payments, my personal opinion, would be that since the default is not for lack of payment it has no bearing on the issue (I’d keep the money but continue with the eviction). Understand that this is not a legal opinion, see an attorney ASAP. Maybe get a reference from the park manager on who they use because he’ll be familiar with laws concerning mobile homes.
The fact that you have insurance is irrelevant and no one else’s business.
All the best, Lyal
Hello All, I hope everyone is having great success.
I have a question please.
I have a buyer that has stated that she can not get insurance on the mobile. The insurance called me and stated that they will not be renewing her insurance (though the grapevine…I found out that she’s tried to submit false claims) She will not have ANY insurance on the home July 24,2001. Do I let her pay for July’s payment not knowing if she will get insurance? When do I serve her a default? This will be an eviction or foreclosure? Since I’m holding the note. I’ve only gone to small claims court over a promissory note, so I don’t know the ropes…Don’t really want to know buttttt…
Thanks for any and all answers.
Dee-Texas
PS. I have insurance on the mobile…she doesn’t know it and I don’t want her to, I really just want her out.