Does your PM not have any info, or thoughts, usually they do. Neighbors, residents, Park people are generally pretty close and know whats going on around them. Point is Someone Knows.
My inclination, (dont consture this as advice) would be to have the stuff moved, put into a storage for a month. Let the Park Manager know you have the belongings and that he can get them if he pays what he owes, back lot rent, that you’ve paid and payments late fees. At the worst have him sign a release and give him his stuff back, if he shows up.
In the meantime get cleaning and marketing the palce for sell again.
Now again, I dont know the laws in your state, and I’m probably riskier than most, in some instances. But hey you got to make a living too. (this might make Pipers hair stand on end, as he’s watching to see if the wheels are going to fall off!!)
What are your general thoughts on enforcing the following clause on Lonnie’s note:
“If the premises are left unoccupied for Ten(10) days or more while payment is due and unpaid, property will be considered abandoned and Note Holders, at their option, are authorized to take immediate possession of abandoned property as liquidated damages, disposing of mobile home and owners personal property as they wish, without recourse.”
I am in this situation now, although the buyer has a lot of decent personal items in the trailer, from what I can see. But nobody, including the very nosy lot manager, has seen him in almost a month. For the last 3 days I have had a huge sign on his door “NOTICE_ THIS PROPERTY WILL BE CONSIDERED ABANDONED ON SAT, MAR 18 IF YOU DO NOT CALL 555-5555” so he is definitely not around.
I can’t afford to wait him out because I agreed to be responsible for his lot rent. $500 will be due Apr 1 and this would take a real effort for me to produce.
Could I really be asking for trouble to go there and move his stuff out?
The title is not a problem, it is still being processed from when I bought the trailer, so his name isn’t on it yet.
Basically - Is that clause just a scare tactic or can you really enforce it safely?
Did you have the tenant fill out an application prior to letting them move in? Did it include giving any names and numbers of relatives or friends as a reference? If so, call them to see if anyone knows what happened to the tenant or where s/he might be.
Posted by JHyre in Ohio on March 18, 2000 at 07:05:40:
Check with a knowledgable attorney. Some states have very punitive laws when it comes to repos. You miss one little detail- you lose the trailer. Example: In Ohio, if your contract calls for attorneys fees at any point- even upon default- you LOSE the mobile home. Don’t skirt collection details- get a lawyer to OK your process.
I think even lonnie admits that this clause may or may not be enforceable. I would suggest you act quickly and go through legal eviction procedures, especially if they have belongings inside. I would rather have the Sheriff legally evict them and we get their property legally removed than to have them come back and sue me claiming they had the all these rare antiques in the home and now want some ungodly figure in damages from me.
Who know’s maybe they are in jail or in the hospital. You dump all their stuff on the curb without legal authority and when they get released they come home to nothing. I would not want to be sitting in front of a jury that hears that.
Just my 2 cents. It will take a little time to evict and you may end up eating some lot rent. The lot rent will be your cost of the education to learn how the court system works and how to use it as best you can next time. I imagine that it will still be cheaper than getting sued. It is also a part of doing business sometimes. If you bought this home according to lonnie’s rules, you should have a great profit built in. You will easily make up your yield and more on the next sale.
