Why are you asking this now? - Posted by Tony Colella
Posted by Tony Colella on May 12, 2008 at 11:33:43:
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.