questions & answers

Question: My husband and I are renting a mobile home space. The mobile home mortgage lien holder is telling us we have to vacate if the mortgage is not paid. The purchaser of the mortgage is past due. We have no responsibility over the mortgage only the space rental. How are we able to get out of the rental space contract if we have to vacate under these circumstances? The purchaser is not in communication with the lien holder and has not made any response. We have been in good credit with the space rental/landowner payments to date.

Answer: I am a little unsure of the situation you set out but if you are saying that the person from who you rent the space is not paying their mortgage, then you need not worry about the lease. If it is foreclosed on, the lender will wipe our your lease and you will be released from its obligations. Potentially you would also have a claim against your landlord for damages caused by the foreclosure, such as moving expenses and any increse in rent. You should also know that a new law gives tenants 90 days to move out after a foreclosure. I am unsure, however, if the law applies to trailer spaces. Try doing some research on-line or contacting a lawyer directly to address that issue. Good luck.