Posted by KenS(WV) on September 26, 2003 at 09:50:00:
I think the laws are different from state to state. A good source for information might be to call your states manufactured housing association. They could give you the answer or direct you to the right place to receive it.
I know in MD and WV the park owner can not stop you from removing the home. They may not be happy but they have not privity of contract with you. You name isn’t on the lease. They have to pursue the bank or the previous owner. I know one dealer locally that usually shows up unannounced with a sheriff deputy when he hauls a house to avoid issues like this.
removing repossessed home from a park - Posted by Anne Schell
Posted by Anne Schell on September 26, 2003 at 08:07:31:
My husband and I buy and sell repossessed mobile homes. We
recently purchased a home that was repossessed by one of
the banks we deal with. The park owner is looking to us
to pay the back lot rent and clean up of the lot. We are
certain we are only responsible for the rent for the time the home has been in our possession (month of September).
We called the park owner and let him know we were coming to
haul the home to our lot, and he dumped a load of gravel in
front of it so the toter couldn’t get to it. We are wondering where we can get some info on the laws for mobile home parks in New York State. We have called the county sheriff and the courts for Broome County, but no one seems to know how to handle the matter. Help!
Re: removing repossessed home from a park - Posted by steve
Posted by steve on September 26, 2003 at 08:52:35:
As a park owner I deal with this some. YES you are responsible for all back rent. Not just the rent from the time it was repo’d. The rent is on the home not the people. This one always bother me. People think they can leave a house sitting on a lot for months and months and then not have to pay the rent.
Privity of contract is not an issue. It is our state’s lien laws that carry the day. The park owner gets an automatic lien for ALL back space rent. It must be paid before the mobile can be moved, even in the event of a lender repossession. In the case of a lien sale the amount of back rent is what the lien is all about so there would be no further charges for space rent after a lien sale if the mobile is moved immediately.
Steve,
Not true in my state (MN). The lender repoing the home is responsible for lot rent only from the time they repo the home. Back rent for the former owner can be claimed in small claims court from them.
When the home is sold to another buyer, the agreement should detail whether there is lot rent due and who pays.
Lyal