The manufactured owner had acquired the property by taking over the payments. Everything went smoothly for a couple of years until the owner hit a rough patch and fell behind on the payments. The owner did the right thing and called the finance company and attempted to secure a work out for the situation. The finance company was willing to stretch a little on the payments, but would not give the owner any information on the loan balance or if there were any penalties. They wouldn’t even tell the owner the interest rate.
When I asked to see the purchase agreement, I found out that there wasn’t one. The owner actually had no legal ownership of the property. As far as the finance company was concerned, my owner was just a renter. The previous owner still owned the house. The finance company would need permission from the previous owner to give information to my owner. Confused yet?
We’ve talked about buying “subject to the existing financing” a lot in this column. This situation is an example of why it is important to do it right. Because there was no written agreement, the previous owner could have sold the house and/or evicted my owner at any time. I suggested that my owner and the previous owner get together with the finance company to straighten the situation out. One good thing for my side, remember those late payments? If I’m not mistaken, those go against the previous owner’s credit since my owner is not on the loan.
Another situation to come across my path is the manufactured owner who called me because as hard as they tried, the balance on their mortgage kept going up. I sent the finance company my form giving them permission from the owner to talk to me. First, I found out that the interest rate was over 10%. Next, the owner had taken advantage of a “special program” the finance company offered to set aside any late payments and penalties to the back of the loan. The net effect of all this help was that after almost a decade of payments, the loan balance is higher now than when it started. The dirty little secret is that interest is being accessed on the set aside portion of the loan and has been compounding but the payments were only credited toward the principle balance. At some point, the set aside balance started growing faster than the principle balance dropped. So instead of being five years from paying the loan off, the owner is on a treadmill with high payments. The house is worth about half of the loan balance and the finance company is “helping” the owner get deeper into debt with each payment. I think I’ve found an example of predatory lending.
Normally, I deal with mortgage companies, but in these cases, finance companies. Had the titles been retired and these homes financed with mortgages, would these folks still be where they are? Possibly, but it would have been harder to get there.




















