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.