Your laws are quite different than here in VA, so take this only as an idea to research.
Here in VA, I would suggest the Park manager file for an abandonement title. They do a little advertising and send out a couple of letters to try and legally notify the owner to either pay up or get the home off their property. After the experation of certain time periods depending on the results, the park can then legally go and file for an abandonment title and take legal possession of the home.
The park then sells or gives the home to you, (usually they will be happy just to get all or a portion of the back lot rent). Then you have clear title and go from there.
I am not sure how you would do this with UCC but I would imagine that there has to be a means for park managers to legally remove homes that people have left on their properties.
I just got off the phone with a young woman who has been through the wringer.
It seems that back in Aug.99 she and her husband decided to owner finance their free and clear 1980 14x70 mobile.The guy they sold it to gave $500.- down and was to pay the $7,100.- balance off monthly.
Long and the short the guy never made a single monthly for 4 consecutive months. They hired attorneys, they tried to re-negotiate,they begged—to no avail the guy was a pro and knew what he could get away with.
You see in NY Pre-1990 mobiles have no titles, just a bill
of sale then a UCC form is filed at the county clerks office
stating that a financial agreement has been formed between the seller\owner and buyer–hence the seller\owners legal protection in case of default.
Can you guess which document the seller\owner neglected to file in this case-----BINGO!!!
Anyhow after all the flack the slug\buyer was getting from the neighbors,park and seller\owners he finally skips town, and in a big hurry too–didn’t even take clothes, personal pictures ,medications,food still in fridge etc…(very wierd)
He hasn’t been back in over 3-1/2 months (by the looks and smell of the stuff in the fridge I believe it)
The womans attorney tells her keep out! you have no legal right to it. I called the PM and he said 90 days and it reverts to original seller\owner.I get back on the phone and tell her this and she tells me she has washed her hands of it and chalks it up to a learning experience and doesn’t want to pursue it.
Ok after all that, my question is---------- What Next ? Has anyone had a similar experience? what can be done to move this forward? The PM told me he would love for me to take this mobile over and make it produce again. I want to do it legally and be protected in case the slug\buyer happens to remember where he used to live, and finds the locks have been changed and now wants the keys.
Just to clarify the title thing here in NY, All manufactured homes prior to 1995 DO NOT have titles, only orginal bill of sale and the UCC-1 form, after 1995 all homes will have titles. As to your problem, the orginal owner is still the owner as long as they have the orginal bill of sale showing there names. This is also personal property so there should be no problem in claiming this home, however I would give a quick call to your attorney. Also make sure you document everything that is said and done just in case. Don’t wait for the deadbeat to return, you may be waiting a long time, and the park owner/manager may claim this home for back rental payments. Stay on good terms with the manager even if this deal dosen’t pan out, at least the manager will know that you are looking out for the parks best interest.