Posted by Chuck (AZ) on August 08, 2001 at 10:31:55:
Now you know WHY I prefer 55+.
Jeez.
WILL THEY GET EVICTED FROM THE PARK? - Posted by Rainy
Posted by Rainy on August 08, 2001 at 02:56:48:
A licensed MH salesman sold a good used MH to cash buyers, Greg and Sue. He had Greg and Sue make the cashier check for purchase out to the registered owner of the home, which Greg and Sue had never met. He also had the buyers (Greg and Sue) reimburse the registered owner of MH (cashier check)for the space rent the owner had paid, as it was the first of the month. Well, that’s what the salesman told Greg and Sue. The MH salesman told the buyers (Greg and Sue) he would represent them to the park manager for a lease agreement. Greg and Sue had excellent credit, excellent rental references, excellent employment history, and money in the bank. Greg and Sue needed to do some repairs to the home before move-in, as this was a used home. The MH salesman told them he had talked to the park manager and she stated there would be no problem with the lease as they had excellent references and financial credit/history. The salesman told Greg and Sue they could go ahead and get new carpet, do some repairs, and go to the manager by the first of the month to sign a lease agreement as they had verbal approval and the manager understood they had reimbursed the owner space rent for that month, so they had a month to get everything done. Greg and Sue were happy. This was their first home. The MH salesman picked up the cashiers ck for purchase of MH and reimbursement ck to owner, yet apologised and made excuses to Greg and Sue why he had forgot to bring the key to the home and title of the home to them, as he was so busy he had forgot them at his office and did not realize until he had drove half-way across town, but promised he would deliver the next day. Greg and Sue trusted the MH salesman. He seemed like a nice guy. The salesman never delivered the key to the home or the title to Greg and Sue. Everytime they called the salesman, he was busy and made excuses, but promised he would deliver. Trust me he said, dont worry. The new carpet they purchased was delivered and installed, as the salesman was such a nice guy, he went out of his way to open up the home for the carpet installers and called Greg and Sue to let them know he had done them this favor, yet still could not find the time to deliver the title and key to them, but promised he would. As excuses were constantly made to Greg and Sue from the salesman, they became suspious. They went over to the sales office and the salesman was not there. The dealer had no knowledge of this transaction. Of course not, as the dealer and the salesman is father and son. Anyway, Greg and Sue went to the park and couldnt believe their eyes. Someone was living in the home. The home was vacant when they purchased the home. They talked to the people living in the home and they claimed they bought the home from the same salesman. The had a cashier check reciept to prove it. However, they could not produce a lease agreement from the park management, as they claimed the park manager never gave them a copy of the lease agreement. They claimed they also paid $1,200 back space rent owed to the park from the previous homeowner, and DID have a reciept for the $1,200 from the park manager. They also did not have a title to the home, but they were enjoying the home Greg and Sue purchased and the new carpet Greg and Sue paid to have installed. Greg and Sue contacted the manager of the park. They ask the manager why someone was living in the home they just purchased. The manager became upset and stated that was not their home, as they COULD NOT purchase a home in that park unless they had park approval first.
Greg and Sue ask the park manager why she gave park approval to people who did not own the home? They explained everything to the manager and the manager refused to help them. Greg and Sue could not find the salesman, and when they did he refused to talk to them. Greg and Sue talked with an attorney. The attorney talked to the salesman and told the salesman to give Greg and Sue the title of the home or he would have him in court. The salesman told the attorney that Greg and Sue owed him $1,500 sales commission and he would give them the title when they paid the commission. The attorney advised Greg and Sue to pay him the $1,500 and get the title. Greg and Sue paid the $1,500 and the salesman gave them the title. Greg and Sue registered the home with HCD, paid all back taxes owed by the previous registered owner, and contacted the manager and told her the home was registered and the tenants she allowed to move into their home was illegally occupying the home. The manager refused to help Greg and Sue get the illegal tenants out of the home. The manager also stated that the tenants did not have a lease agreement, but she previously did give them park approval and stated they did pay the $1,200 back space rent owed to the park. Greg and Sue did get a copy of the written Park Approval letter from the manager allowing the current resident to occupy the home.
Greg and Sue had to go thru all the hassle and expense of evicting the tenants without the help of the manager.
It took six months. However, the illegal tenants were paying space rent and park charges monthly and the manager had the monthly space rent bills put in the illegal tenants name and was excepting their payments every month. The manager was breaking the park rules by allowing illegal tenants to occupy a home they did not own and excepting their monthly payments, as well as the park rule stating it was against park rules to sublet a home in the park. Greg and Sue called the park manager monthly to ask if the illegal tenants had paid the rent and park charges(while they waited for a court date) and the manager always said yes, they are current. The month the court date was set for eviction, Greg and Sue called the park manager to find out if the illegal tenants were current on all charges, and the manager stated they were current with all charges. Greg and Sue won the eviction case and the very next day after the court date, the manager served Greg and Sue with a 3 day notice to pay all back payments owed by illegal tenants for that month, or remove the home from the park in 60 days. Greg and Sue paid up all the charges to the park. They got the home back and continued to pay space rent and charges to the park while they repaired the home. The home was a complete mess. The carpet was ruined and major repairs were needed. Greg and Sue spent approx $4,000 in repairs, not counting all the other expenses they had shelled out from the very start when they first bought the home, new carpet that now needed replacing, and alot of legal fees. The manager harassed Greg and Sue to sign a lease agreement, but Greg and Sue had educated themselves with the Mobile Home Park Residency Law Civil Codes concerning MHP and management. They understood it was not illegal to buy a home in a park, (as this is America) and you can buy anything you can pay for, but it was against the rules to move in the home without a lease agreement. So they did not sign a lease, as they did not occupy the home. The manager accepted payments monthly from Greg and Sue, by personal check while they repaired the home. The manager continued to bill Greg and Sue in the name of the previous illegal tenants.
After the ordeal they had with sales and management, they no longer wanted to live there. They decided to repair and sell the home. It took them approx 4 months to do all repairs as they painted and repaired everything themselves, scraping the money up as they could. Greg and Sue advertised the home for sale by owner. Several people went to view the home. The prospective new buyers were also advised to go get approval from the park manager before Greg and Sue would sell the home. The prospective buyers complained to Greg and Sue how the park manager was not very interested into talking with them.
Finally, Sue talked to the park manager. She explained how sorry she was that all these problems had happened, but she and Greg had no idea themselves what was taking place when the trouble started. She explained to the manager that they were in a hardship to sell this home and she would appreciate the park managers help by taking the time to seriously interview prospective buyers/tenants. The manager was nice and understanding to Sue, but everytime someone went in for an interview, they had the same complaint as all the other prospective buyers/tenants. Greg and Sue finally sold the home to a cash buyer who really needed a home. Greg and Sue left their names on title as registered owners and added the new buyer (Bill) name on as a registered owner. Greg and Sue as well as the new buyer (Bill) applied for a lease agreement with the park and the manager refused Park Approval stating the add on registered owner had bad credit. The new add-on registered owner, Bill had excellent employment history, excellent previous landlord references, and also qualified on the income level for a lease agreement, yet the manager refused all registered owners a lease agreement based on that one bad credit report, which had no previous evictions or repos. Greg and Sue would be as liable for paying the park charges as well as the new registered owner, yet the park manager refused a lease agreement to Greg, Sue, and Bill. The park manager refused payment for the month of June 2001 paid by personal check by Greg and Sue. She gave a 5 day notice for illegal occupant, (Bill) for the month of July when Bill moved into the MH and told Bill to move out within 5 days.
The park attorney served a unlawful detainer to Bill for eviction, disregarding Greg and Sue as registered owners and applicants for a lease agreement along with Bill. Greg, Sue and Bill continue to submit and pay rent and all park charges by cashier check, which are not cashed but forwarded to the park attorney. Management refuses payment.
Bill is constantly harassed by the guard at the front gate of the park when he goes home from work every evening. He is not allowed to enjoy any park amenities because management confronts him when they see him out and about the pool area. Yet, he is the registered owner of the home along with Greg and Sue and all payments are current and there is no money owed to the park what-so-ever. They all are awaiting eviction court. Will they get evicted?
Re: WILL THEY GET EVICTED FROM THE PARK? - Posted by Chuck (AZ)
Posted by Chuck (AZ) on August 08, 2001 at 04:28:25:
I don’t know about anyone else, but I’m getting a headache…
How many “clues” do Greg and Sue need?
Move the damm home already.
Re: WILL THEY GET EVICTED FROM THE PARK? - Posted by Rainy
Posted by Rainy on August 08, 2001 at 10:12:42:
Greg and Sue should persue a lawsuit for fraud and sue the MH sales agent, plus report him to the MH sales license board for fraud. Selling a MH to two different buyers is illegal dont you think? The illegal occupants also have a case against the MH sales agent.
Not only can Greg and Sue win this eviction case, but they can also sue the MHP for damages, discrimination and harassement. Anytime you buy a MH and spend thousands of dollars, the last thing you need is people trying to take the home from you and screw you over in the process. Moving a MH also cost a great deal and in the process, the home is trashed out and almost worthless. Especially if your talking a manufactured home. This is a lesson for MH Buyers to be aware of agents, and park managers. Know who you are dealing with! I may be a PM, but I know WRONG when I see it.
We have a saying in Oklahoma… - Posted by Kevin (OK)
Posted by Kevin (OK) on August 08, 2001 at 07:12:17:
“You don’t learn anything new the 2nd time a horse kicks you.”
Kevin