Chapter 13 mobile home
Posted: Thu Jul 29, 2010 3:19 pm
A mobile home can be either real property (deed of trust) or a motor
vehicle (registered with the DMV) in California.
Ask your debtor to either provide the deed or the dmv registration and
then you will know if you can cram it down or not.
If it is in fact under a deed of trust, then I believe you would need to
file mortgage decs.
Why would it have to be paid through the trustee? If it is registered
with the dmv you would have the option of putting it through the plan
(if that makes sense) or paying it outside the plan (listed in J and
paid directly).
I have seen both. I have crammed down a mobile home that was registered
with the DMV and paid it at a reduced 5% rate (usually debtors are
paying ridiculous interest on these things!)
-eva
Eva L. Taylor, Esq.
Borowitz & Clark, LLP
100 N. Barranca Ave., Ste. 250
West Covina, CA 91791
Ph: 626-332-8600
Fax: 626-332-8644
The post was migrated from Yahoo.