Wetumpka, AL asked in Estate Planning, Foreclosure, Real Estate Law and Tax Law for Alabama

Q: Owner of home died owing mortgage for a trailer that sits on my property can I claim it due to it being surveyed wrong

We recently discovered that a mobile home sits on the back corner of our property we found out the owner died owing a mortgage her family informed me that they knew it was on my property due to the survey being done incorrectly but never informed us of the error can the mortgage company be held responsible due to it clearly showing on the land property documents that they mortgaged a home that dont belong to the mobile home owner or will that mistake have to be cleared with the survey company?

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: There is too much missing information to answer your question. You should schedule a personal consultation with an attorney to review the entire situation.

For example, a mobile home is generally considered personal property. In that case, there is nothing to prevent a lender from taking the mobile home as collateral, even if it is parked on your land. You seem to be assuming that the lender expects that it has a lien on the land under the mobile home. That might not be the case at all. It might only expect to have a lien on the mobile home itself.

On the other hand, if the mobile home is affixed to the real property, then most likely you, being the true owner of the land, would necessarily have been involved in the filing to declare it to be part of the land. So that is likely not the case, but stranger things have happened.

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