Posted by Bob Oregon on May 13, 2008 at 08:21:17:
I am self employed i have paid this person for several months doing odd jobs for me to keep his payments current with me , hoping that it would work out , but then i call the park manager to check in on things when he told me he had the rent money and find out he hasnt paid last month or this month . I have really tried to make it work but i see a monthly history for 4 months now .
how do i get my home back - Posted by bob oregon
Posted by bob oregon on May 12, 2008 at 10:42:05:
ok i have an owner that cant seem to pay park rent owes last month and this month plus late fees , talked to park manager they tell me i either get them out or they will file 72 hour eviction and take home back . which i believe they could only file a lien on it in which case i owe either way but i talked to the county tax accesor on the title its just paper work and my name would be moved from lien holder to owner easy , they didnt know what to do to get them out. i dont know what to do once that is done . i talked to owner he needs till end of month to get out which i cant wait and who says they would get out anyway. Thanks Bob in oregon
Why are you asking this now? - Posted by Tony Colella
Posted by Tony Colella on May 12, 2008 at 11:33:43:
Bob,
Please don’t take offense to this response but for years and years I have posted, almost begging folks to find out the answer to this very question BEFORE they have to face it.
For anyone else looking at doing Lonnie deals or looking to rent homes on their property, do yourself a favor and please find out first how to repossess and how to evict PROPERLY. Do not just take some other landlord or investors word. I find that most every landlord I talked to, even those who have been in business for many years (mom and pop style) have little true understanding of how to legally evict.
I have written here asking folks to take an hour or two and go down to their local court house and ask questions. Find out what it would it costs to file to repossess or evict. Find out what documentation you need. Then sit in on some of the court cases and see what is asked of the landlord/investor, see where you stand, see what documents are requested, see what arguments the tenant/buyer’s make.
Know the process and the enemy (so to speak) when it comes to court.
Don’t jump in first and then ask how to get out of the pool. You would not do this in any other business, why do it in this one?
The answers are found at your local courthouse, not here. You may find some general info or opinions but you need exact details. Even when I did Lonnie deals in Virginia (same state Lonnie lives in) each of the counties I invested in had a repossession process that was different from each other and from the way Lonnie’s area did it.
Never allow a tenant, a buyer or a park manager to know (or think they know) more about the rules of repossession or eviction than you do.
Once you get the system in place it is a matter of repeat, repeat, repeat. Taking the time to find out the snags is what you need to do right now, today.
I can almost guarantee you that you will ask how to repossess a mobile home at your courthouse and you will get several differnt answers and few that are actually correct.
You may even try a few one way and get by a time or two to find out later that the court or the buyer proved you filed the wrong paperwork etc.
You may go through all the paperwork, only to find out that the Sheriff won’t come out until you have a toter ready to move the mobile home off of the lot. Guess how I found that one out?
Take a 1/2 a day off work and go to your court house. You will sleep better from here on out and you will know exactly how to handle future problems that come up.
One word of advice. Don’t take “no” for an answer. Keeping digging. There is a solution, it just isn’t as common as evictions so not everyone will know how it works.
If your area uses general district court for evictions as opposed to small claims court, watch the attorney’s in that court room and see who really knows there stuff when it comes to agruing your type of case in that court room. Get their card during a break and set up an appointment with their office later to get your business/repossession/evictions set up properly.
Tony
Re: Why are you asking this now? - Posted by bob oregon
Posted by bob oregon on May 12, 2008 at 13:08:40:
none taken what so ever , i apprecaite the down to business answer i will go to the court house and ask more questions thanks
Re: Why are you asking this now? - Posted by bob oregon
Posted by bob oregon on May 12, 2008 at 12:55:33:
none taken what so ever , i apprecaite the down to business answer i will go to the court house and ask more questions thanks
are you sure the situation is a goner? - Posted by Brenda (OH)
Posted by Brenda (OH) on May 13, 2008 at 24:04:59:
have you asked the buyer what is going on? He may be in a one time only crisis that can be worked through if someone helps him calm down and not see the park as the enemy.
Once you have info, maybe you can go with him to the park manager and get him set up on an extra weekly payment plan with the park to get him current.
Lots of businesses are being more flexible on working through things with folks during this economical downturn. He may be getting that government check soon and can get current that way.
Brenda (OH)