Posted by Chuck (AZ) on July 26, 2001 at 02:27:16:
Strange deal… makes me wonder why he put 50% down… people that chunk out money like that should be risk-free.
All he can do at this point is run the legal gambit to get it back… “default of contract to purchase” obviously.
For “Lonnie-deals”, I suggest (use) a clause that specifically states that if the lot rent or payments are in default that the T/B has 7 days (after written notice) to vacate, and make them sign or initial it.
Fortunately, I pre-screen out the wazoo (credit, criminal and employment checks), and have never had a problem.
If your only going to do a couple of deals a year, I wouldn’t worry about the license. However, if you even think it’s going to be more than that… call the Office of Manufactured Housing at 602-255-4072, and tell them you want to get a D-8 (their terminology for the proper license). It costs $540 and takes about three weeks. You have to take a test, but if you purchase a copy of the Statutes & Rules (about $2.00 as I recall), they’ll tell you what they’ll test you on.
I guess it will happen to most of us at one time or another, but I am truly at loss as to just what to do.
Tomorrow I am attempting to repo my first mobile home. I purchased it in December, 2000, sold it in January, 2001, have received 2 1/2 payments, lot rent is four months behind, I am not sure until tomorrow if the insurance is up to date, taxes have not been paid and the title has not be transferred.
I am not going to try and do it by myself, I am going to have an Attorney do it for me as I am not familiar with the laws here in Kansas other than the contract had to conform to U.C.C. standards.
My question is, I guess, how do I get this S.O.B. to hand me the title so I can get it back in my name. I was not smart enough to have a “Power of Attorney” signed at the initial signing of the contract.
Posted by Chuck (AZ) on July 22, 2001 at 12:54:02:
“the title has not be transferred”
“how do I get this S.O.B. to hand me the title so I can get it back in my name”
These statements contradict each other. Which is it?
What “recourse and exit” clause(s) did you leave yourself in the contract?
Have you taken any partial payments? (sounds like you did).
What is the PM doing about the deliquent lot rent?
I don’t see where a POA would benefit you now, even if you had it. What’s the deal with that?
My point being that unless you covered your butt going in (sufficent recourse), you probably going to have to run the legal gambit now to get it back.
My brother sold his double wide for 50% down and the remainder due on a date certain. The buyer moved in and and when due refused to pay and refused to move. By what recourse method could he have avoided the subsequent litigation to get satisfaction? Or repossess as Lonnie does. How do you evict an unlawful detainer from personal property?
And Chuck… to buy,fix and flip…is a license required in AZ?