If a borrower defaults on loan payments for a manufactured home in Michigan, the creditor can take the manufactured home. If the manufactured home is real property the repossession and foreclosure is on the manufactured home alone. If the home is being used for residential purposes, the home is repossessed according to personal property laws.
In Florida, manufactured home repossession is typically governed by the Uniform Commercial Code (UCC). The lender must follow the specific provisions outlined in the UCC for repossession, which may include providing notice to the borrower and following proper procedures for taking possession of the home. It is recommended to consult with a legal professional for guidance on the specific laws and procedures in Florida regarding manufactured home repossession.
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Laws regarding mobile home repossession vary by state, but generally, the lender must follow state-specific procedures to repossess a mobile home if the borrower defaults on the loan. These procedures typically involve giving notice to the borrower, obtaining a court order, and conducting a lawful repossession. It is important for both lenders and borrowers to be aware of the specific laws governing mobile home repossession in their state.
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The law related to manufactured (mobile) home repossession varies greatly from state to state, and is typically pretty complicated. There are two types of loans that can finance manufactured homes. If the loan if financing a home on land that is owned by the homeowner the home is generally considered either real estate or an improvement to real property and can be financed by a mortgage, entitling the debtor to bother better financing terms and the protections of the full foreclosure process. Many homes are on rented land in land lease communities, usually known as parks. The financing is typically a personal property loan, otherwise known as a chattel loan. The repossession process, although varied, always starts with a default on the loan. Generally, due to the low recovery rate on value of repossessed homes, the lender wants to come up with a way to keep people in the home. However, lenders are also concerned that the home value will depreciate, and so will move though the repossession process rapidly. The typical process requires some form of notice of default and a period of time within which the homeowner can become current on the loan. The length of time varies from state to state, but is typically between 20 and 30 days. After the end of the notice period, the states diverge a bit. Some states the lender can repossess the home with no further notice or court action. Other state go though a process that is becoming much more prevalent in manufactured home repossession called replevin. They have to get a court order to gain possession of the home. Some states have additional reinstatement or redemption rights even after the court action is initiated. For instance, California allows redemption of the loan for 15 days after the court action starts. Your best bet for finding the most accurate information is to check the state law where you live. Every state has a different process and even something that is typical in most states may not apply in your state.
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