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View Full Version : How much time do I have before I am evicted?


ALMOSTHOMELESS
Apr 29, 2009, 07:10 PM
We live in a manufactured home in a trailer park that is rented on a month to month basis. The trailer is in my parents name but I have lived here and paid the rent and lot rent for the last 13yrs. We have never had actual paperwork made up in my name. My parents just filed bankruptcy and included the trailer as part of the bankruptcy. Their lawyer isn't sure how long we have until they make us move out, he has only dealt with actual houses, not trailers and lots. Does anyone have any idea how much time I have to find somewhere else to live? Can they (the trailer park or the finance company that the loan was through) just show up one day and throw us out without any notice?
If the trailer park or finance company served paperwork on my parents and went through the eviction process, would they then have to serve me with court papers to evict me?
We are trying to find someplace to live but we don't have the money for a security deposit or the 1st and last months rent that most people require. My husband and I were both out of work for quite awhile and I just got back to work but my checks are being garnished for my debts so we don't have much money coming in.
I am just trying to figure out how much time I have, my parents filed bankruptcy on 4/23/09.

twinkiedooter
Apr 30, 2009, 09:07 AM
If someone does not pay the lot rent, being a month to month, you will be served eviction paperwork by the park usually the month after you don't pay park rent. Then there will be an eviction hearing at which time the judge will issue an order of possession for usually 7-10 days in the future for you to be out of the home or escorted out by the police or sheriff's office.

As far as the lender, the lender will have to file their own paperwork for the home which can take months in order to take effect.

If you are smart you should contact the Clerk's office to see if any paperwork has been filed against your parents by the trailer park or the finance company. I'd check with their office weekly to see about any paperwork being filed in case a copy of this is not sent to you at least you will be aware of it and can go to the Clerk's office and get a copy of what has been filed.

Once the bankruptcy paperwork has been filed, the finance company can't reposess the trailer until the bankruptcy has been discharged. In essence the suit has been stayed due to the bankruptcy in progress.

This would have no effect on the trailer park as rent is not considered the same as a loan. You can still pay the park rent and live there until you are given paperwork to the contrary that is unless you somehow are behind in the park lot rent - then they can evict you and your family from the lot.