Posted by Tim (Atlanta) on August 13, 2003 at 13:05:55:
I haven’t done a foreclosure, so I don’t know how that works. Since a mobile home is treated like personal property (autos), I would think that a repossession action may be in order. You need to complete this before you try to evict the tenants. Call your county courthouse to find out specifics.
Evictions in Georgia - Posted by Tim (GA)
Posted by Tim (GA) on July 28, 2003 at 09:28:47:
If you are doing a classic Lonnie Deal in GA and need to evict someone for non payment you will need to file a Foreclosure on them and then Writ of Possession.
If you renting or the person is leasing from you: You will need to file a dispossion and the a writ of possession.
I am right this because I filed a dispossession and the people appealled it. The Judge corrected me on the proper paperwork. I have now file the Foreclosure then will go with th writ…They bought themselves a couple weeks…
Tim
Re: Evictions in Georgia - Posted by Tim (Atlanta)
Posted by Tim (Atlanta) on July 28, 2003 at 10:25:45:
Because the people “own” the mobile home instead of renting it, you must file the foreclosure action first. Then and only then you can file the writ of possession.
BTW after filing the writ of possession, the sheriff will serve the papers to the owners. Then the people have 7 days to file and appeal with the court and the judge must grant a hearing. The hearing will usually be within the next few weeks after the appeal is filed. They can put whatever they want on the appeal, but when they come for the hearing, they must stick to what is on the appeal. If they said they don’t owe the money on the appeal, they can’t come to court and say the place isn’t habitable. Also the “I can’t pay” excuse holds no water in court. You should have your writ of possession after the hearing. Then take it directly to the sheriff to schedule a set-out date.
As you can see, this can be a long process. If these tenants are determined to draw it out, it can take several weeks. Have you tried to buy them out? Offer to take the home back and let them off the hook if they leave quickly and leave it neat.
Re: Evictions in Georgia - Posted by Alan - Atlanta
Posted by Alan - Atlanta on August 13, 2003 at 09:59:36:
I have a Lonnie deal that I have to take it back next week. Is the foreclosure and writ of possession filed with the county magistrate court?? What info do I need to take with me to file?
Thanks
Alan - Atlanta
Re: Evictions in Georgia - Posted by Chris
Posted by Chris on August 13, 2003 at 20:56:19:
There’s a NOLO Book on Evictions in CA you can request through your public library. It ought to give you plenty of info, even if it’s written for California. Good Luck! chris (Joshua Tree, CA)