abandoned mobile home

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We have purchased 2.5 acres of land across the road from our home. Unfortunately sitting on the land is an abandoned doublewide and to add insult to injury the lender has filed bankruptcy and refuses to speak to us about the home. It has been 6 months now and we are at wits end. What can we do? Is there anyway that we can assume ownership of this home as we are basically taking care of it, keeping it from being vandalized and the like. Are there any laws in our favor? We live in NE Oklahoma and thus far I have had very little luck researching this issue one web or at the local library. The laws regarding landlord/tennant issues are vague at best. Local lawyers have been of little help, besides we don't have the money it would take to get thier help anyway. Any input would be appreciated. Thank you.

-- Karen Dinsmore (rkdinshaw@rectec.net), December 23, 2001

Answers

Do you know who owns the mobile home? Was it there when you bought the property (mentioned in the contract)? I can't imagine any real estate agent or title company letting a sale go through without it being moved.

Is it worth keeping? You might want to call your local DMV (department of motor vehicles office) because mobile homes in many states are often considered vehicles.

-- GT (nospam@nospam.com), December 23, 2001.


Karen, please restate the problem; do you want to keep the home, do you want it removed, the problem is not yet clear?

-- mitch hearn (moopups@citlink.net), December 23, 2001.

After exhausting all attempts to contact an owner, why not post a sign, and take out an ad in the paper announcing an "as is" auction in 30 days, no title or deed to be assigned. Someone (if only me) would buy it, if only for the metal.

-- Rick (Rick_122@hotmail.com), December 23, 2001.

Here in Indiana you could claim the vehicle to be 'abandoned' and charge storage for the time it's there (beginning the day you closed on the acreage) Ten to twelve dollars a day is typical here for a car or truck. The requirement here is to notify your state and adjacent states' BMV's of your intent to take title. If no one shows up to claim the vehicle and pay the storage thereon within the statutory period, you can file for a title and it's yours.

It sounds like in your case no one's wanting to take responsibility and that could well work in your favor. If the lender is in bankruptcy they may not be able to respond in the necessary fashion within the statutory time frame. You could well end up owning the place. ;o)

If it were me in your shoes, I'd contact my nearest BMV and make sure I spoke with more than one person (maybe even at more than one BMV office) to make sure I got the right information. I'd also contact the title clerk at a dealer only auto auction and ask them. Those people have usually seen it all and done it all twice simply due to the volume of vehicles with which they deal. Offer to pay them to help you do what you need to do. Whatever they might ask would have to be less than an attorney might charge you and odds are they'll know the answer that an attorney would have to spend time researching (and charging you, too). Again, if you want to be sure, call a couple and ask the same questions. It's not simple but it is easy. Just be diligent. If you need any more help, feel free to email me with 'Countryside' in the subject line. I hope this helps.

-- Gary in Indiana (gk6854@aol.com), December 23, 2001.


Move in, or move a renter in. Possession is 9/10 of the law.

It appears that this item (the doublewide) is not titled as real estate, because you just bought the land. If it is titled as real estate then you own it now (you own what is attached to the land). If not you are entitled to collect a storage fee for the item. In my state this is figured on a daily basis. You can make a claim in court for payment or title to the property, at which time you will most likely be given title since the lender has filed bankruptcy. The lender may not even own it, the original borrower may still be the owner.

I would try small claims court for starters, it is cheap and you can do it yourself.

-- Ed Copp (OH) (edcopp@yahoo.com), December 23, 2001.



Karen you said the linder was in bankruptcy. thats your ans. contact the bankruotcy court. hope that helps. Bob se.ks.

-- Bobco (bobco@kans.com), December 23, 2001.

As a former bankruptcy paralegal I can tell you that you should contact the bankruptcy court and find out who the trustee assigned to the case is. You can call the bankruptcy court and give them the name of the lender and they will tell who the trustee is and his/her phone number. The trustee is the person appointed by the court to oversee the bankruptcy proceedings. The trustee would have an interest in the mobile home (it is possible it was not listed on the asset schedules). Either way, in most instances you have no legal rights to the mobile home - including either keeping it or getting rid of it. You will need a release from the Trustee whatever you choose to do with it. In fact, the trustee may choose to remove the mobile home and sell it at auction.

-- Karen (db0421@yahoo.com), December 23, 2001.

Karen is right you have no legal right to do anything with the mobile home. Try to use it or sell it and you will be the guilty party. Call the bankrupcy court and find out who is in charge. Just work on your land around the mobile home and let the law take its course. Before you start charging you need to know your rights under the law and that means lawyer. If you can't afford one now don't do something that will really mean you have to have one because you are being sued.

-- David (bluewaterfarm@mindspring.com), December 23, 2001.

Hi Karen, are there wheels under this thing? Or do you have the equipment to move it just a little ways? If so, put it out in the road, possibly off to one side, and see how fast it gets taken away by the County or State, depends on how big a road we are talking about here. Maureen

-- Maureen Stevenson (maureen@mtaonline.net), December 24, 2001.

I am a lawyer in Colorado. In Colorado there is a statute that provides a process to evict a mobile home. It is under the tenant- landlord area of the statutes and provides a six-month period for the owner to remove the mobile home before the court can order it towed from the property. Then the problem is who tows it and where do they take it. Does the owner refuse to do anything about it because they think that it is lost in bankruptcy. If that is the case then certainly contacting the trustee is the way to go. There should also be a state statute dealing with abandoned vehicles. You may be able to apply for a title to the mobile home since it is considered a vehicle unless it is permanently affixed to the ground and the title has merged with the real property. You can check this through your county treasurer's office to see how they have the property assessed. I don't disagree with any of the advice offered by others. This is a legally savvy group. As far as possession of the mobile home, if you were to rent it out, they might make a possible claim for the rents you received, but since it is unlawfully upon your land you could counterclaim for rents. Remember to give notices in writing to the owner and the trustee. I would much rather learn from all of you about raising and direct marketing home grown products, but if I contribute in the legal area I will try. Good luck.

-- Sherman Romney (romney@willcrafter.com), December 24, 2001.


I sold and repossesed mobile homes for years. First of all in most states you can charge rent. The rent MUST be paid before anyone can legally move it. Put something in front of it. Anything, a rose bush, a tractor, whatever. Your rent has to be paid. The money owed you may never be paid but it will give you leverage later. You could own the home just with rents due at an auction. Your rent should start from the time you bought the land. You have lots of rights and the ball is in your court no matter what "their" lawyers may try to convince you of!

-- David Constantin (cajundavid@hotmail.com), December 24, 2001.

Hi Karen! Speaking of Legal help, is there a Legal Aid Bureau in your state? They help out with most kinds of cases and only charge about $50-$75 (one-time fee). I would put my vote in for talking to the trustee first. (S)He's got the authority to tell you what's what, and I would speak to him/her and go from there. Hope this helps.

-- Connie L (MykellSilver@aol.com), December 30, 2001.

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