Posted by JHyre in Ohio on February 28, 2002 at 06:26:03:
Depends on the state, local custom and the judge. Belt and suspenders would have been to serve another notice on the 15th of the first month, when it was clear that he would not pay. Given that he clearly abandoned the house, you should be fine.
John Hyre
repossess the stuff? - Posted by Steve W (WA)
Posted by Steve W (WA) on February 21, 2002 at 20:49:34:
Out-of-state owner to repossess in-park MH from T/B who abandoned the home.
T/B has not made a payment for a year, nor property taxes, and is 2 mo. behind in lot rent.
But the T/B still has personal belongings in the home. TV, furniture, etc. No one in the park has seen this guy for months.
What would be the guidelines / law / rule of thumb regarding taking possession of his stuff for non-payment as part of the repossession? Would the stuff have to be held for x amount of time to allow T/B to claim? If so, for how long before it goes to charity / dump?
Appreciate input from anyone who has been through this before, or from our legal eagles.
Re: repossess the stuff? - Posted by JHyre in Ohio
Posted by JHyre in Ohio on February 25, 2002 at 06:41:29:
In Ohio, once the repossession is complete, the bank often gets the personal property. The secutiy agreement and the repo proceedings themselves explicitly include the personal property. As a practical matter, the bank usually permits the ex-owner to remove personal property- it’s not worth the hassle to do otherwise.
John Hyre
One lawyer’s response . . . JH? WB? - Posted by Steve W (WA)
Posted by Steve W (WA) on February 23, 2002 at 08:02:47:
Talked to the atty that the PM uses - she was surprised that I was doing all of this legwork for the owner, BTW - and the advice from her was simply a Hold Harmless Agreement from the owner to protect me from claim against MH ownership, and to protect against personal property ownership.
Second opinions, please?
Re: One lawyer’s response . . . JH? WB? - Posted by JHyre in Ohio
Posted by JHyre in Ohio on February 25, 2002 at 06:46:18:
Hold harmless is a good idea. For belt & suspenders approach, advertise the personal property as waiting for the owner for about 30 days, or pay for 30 days of storage. I have only seen an owner come looking for his property once, ever. It was long after the repo and I told him sorry, I gave your family 60 days to come get it (I did, they put it off, I got rid of the stuff).
John Hyre
Time of abandonment - Posted by Kent C
Posted by Kent C on February 25, 2002 at 14:31:30:
What is the official “start” time of this 30 day clock?
I had a guy whose rent was due on the 1st and late on the 5th. He contacted me on the 1st to say he’d pay on the 5th. He called on the 5th to say he’d pay on the 10th, then the 15th. Then nothing. I got distracted timewise and did not have time to go over until the 15th of the NEXT month (45 days late now). The neighbors said he had left around mid month in the previous month. All his furniture was there but clothes and personal effects were gone.
I had had no contact for 30 days and the neighbors said he had been gone 30 days and he was 45 days late on rent. I considered due process served on the 30 days and tossed his stuff. I consider time of abandonment the day of last contact with me AFTER rent was due or verification of abandonment by the neighbors, whichever comes last chronologically.
Never heard from him again. Was I right or wrong?
Kent C