I’m look for case law and rules on a litigation matter.
This involves two cases.
Case 1, breach of contract
Case 2, foreclosure, repossession
Brief case history:
Involves the purchase of a manufactured home, where the home was delivered and built to extremely poor standards breach of contract suit was filed against manufacturer for breach of contract. Manufactured home has never been completely set up, finished and or past any inspections. Home has had an HUD inspection with over 110 page report and a structural inspection with over a 10 page report. Both reports have failed highly. Home was purchased and financed through the sales office of the manufacturer.
After making approximately four payments, the Purchasers refused to make any further payments on manufacture home to mortgage holder due to the home never being completed and the substantial amount of issues with the home in structural, workmanship and quality.
Mortgage holder has filed suit to repossess and foreclose on the home.
Looking for case law and rules which bars the mortgage company from repossessing the home as the home is part of the litigation in a separate suit against the manufacturer. The home needs to be retained and its position on the property for evidentiary reasons.