Will I have to pay off the loan? What if I don't take my furniture out? What's Florida law? Is it like a car or a home?
Chapter 7 Bankruptcy Attorney
If you owned the land the mobile home is on, it is more like foreclosing on a home. But if you did not, then it is more like repossessing a car. I presume you did not own the land and therefore the mobile home has been or is about to be just towed away.
You have a right to try to get your property out of the mobile home. Your furniture and personal possessions are not property that is subject to repossession. But you probably should move quickly and prepare an inventory. Document what you are doing. You may not get it all back and you may want to argue its value later on.
Yes, they will probably want you to pay the difference between what the mobile home eventually sells for and the amount you owe on the loan. They will also want their court costs and attorneys fees. And don't expect them to sell the mobile home for fair market value to minimize what you owe them. They will have to sue you for the balance on the loan. You will be served a complaint for damages once they determine the amount they say you owe them. You can fight it and maybe get the amount reduced somewhat. But if they sue you they will probably get a judgement. However, they cannot collect their judgment if you don't have anything for them to take. Sometimes these finance companies save the court costs and attorneys fees and don't even sue people who have nothing.
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3 found this helpful
I would highly suggest talking to a local attorney. It is really impossible to give good advice when we have no information about the loan, colateralization or the specifics. The small cost of a consultation will be worth while. If not read the contract(s) and good luck!