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View Full Version : Possession of abandond mobil home


iceyhotintucson
Jul 12, 2008, 12:54 AM
I moved into a mobil home in November with the owners permission, The trailer needs some work done to it and is not my responsibility as a tendant to fix things. But the only contact I have with owner is through e-mail . I have made several attempts in the last month and a half to e-mail owner and notify him of the things that need repair. I have got no response from him . How do I take possession of the trailer because I feel he has abandond the trailer and the resposibilitys of the repairs that need done.

N0help4u
Jul 12, 2008, 03:32 AM
Mobile homes are titled either through a building title or a vehicle title so attempting to possess it would be theft. It doesn't matter what you 'feel' it matters what the law IS.
What does your lease say? Maybe send your rent in a little late that might prompt him to call to ask where it is and then you can ask him what is up with you coming to do these repairs.

twinkiedooter
Jul 12, 2008, 07:59 AM
I take it this is in Arizona. You can't just possess a mobile home as it has a title like a car. It's not as easy as it sounds. I don't feel the owner has abandoned the home either just because they did not make any repairs on it. How far away does this landlord live from the home? What sort of repairs are needed on the home? Does the a/c or swamp cooler need repaired? Having only an email to communicate with the landlord seems strange. How do you pay your monthly rental to them? Do you have a real address that you send it to? If that is the case, then send them a certified return receipt letter stating what repairs need to be made. Also mail them by regular mail the same letter just in case they decide not to sign for the other letter. Depending on what sort of repairs need to be made you can contact the local health dept or building dept and see if they can help you to get the repairs done.

iceyhotintucson
Jul 12, 2008, 08:51 AM
Mobile homes are titled either through a building title or a vehicle title so attempting to possess it would be theft. It doesn't matter what you 'feel' it matters what the law IS.
What does your lease say? Maybe send your rent in a little late that might prompt him to call to ask where it is and then you can ask him what is up with you coming to do these repairs.
I have not paid any rent on the trailer since I moved in. we had a agreement that I could do some repairs in exchange for rent . That was for the first three months, I did the repairs we agreed on. I have asked for a address to send my rent payments, But have not heard from him in three months.

N0help4u
Jul 12, 2008, 08:56 AM
Then what you can possibly do is do the repairs yourself and keep itemized receipts and itemized repairs

iceyhotintucson
Jul 12, 2008, 09:00 AM
I take it this is in Arizona. You can't just possess a mobile home as it has a title like a car. It's not as easy as it sounds. I don't feel the owner has abandoned the home either just because they did not make any repairs on it. How far away does this landlord live from the home? What sort of repairs are needed on the home? Does the a/c or swamp cooler need repaired? Having only an email to communicate with the landlord seems strange. How do you pay your monthly rental to them? Do you have a real address that you send it to? If that is the case, then send them a certified return receipt letter stating what repairs need to be made. Also mail them by regular mail the same letter just in case they decide not to sign for the other letter. Depending on what sort of repairs need to be made you can contact the local health dept or building dept and see if they can help you to get the repairs done.
The landlord lives in mexico,and it not just because it needs repairs, its when I e-mailed him to let him know about the repairs, He hasn't contacted me. I did some repairs on the trailer when I moved in in exchange for the rent. But I have finish what I was supposed to do , And tried to contact him to find out where to send my rent. Also to have him do the repairs I can't afford to do at this time.But haven't heard from him in almost three months.I don't have any other way of contact for him.

N0help4u
Jul 12, 2008, 09:03 AM
Well you don't have any way of getting hold of him your only options are

1.) Move

2.) Stay indefinitely and
a) live there in the condition it is in
b) make the repairs and live there

I would consider it a small price to pay in exchange for the free rent when you could be paying $400.+ a month most anywhere else.

iceyhotintucson
Jul 12, 2008, 09:06 AM
Then what you can possibly do is do the repairs yourself and keep itemized receipts and itemized repairs
I have done that on what I've already done,But the water heater needs to be replaced,and there is a hole in the roof in my bathroom that has caused the floor to almost give out where my toilet is, From the rain . I can't afford the repairs ,It would be cheaper for me to pay the rent and have him fix things.

twinkiedooter
Jul 12, 2008, 09:12 AM
If you want to keep living there, then do so. Maybe the landlord is on vacation for the summer, who knows? You can make the repairs yourself and keep the receipts. If, after say a year or more, and there is no more contact from the landlord, then I would suggest you contact the local tax agency and see if he's paid his taxes on the mobile home or the property (you didn't say if the home was in a park or private land). If he didn't pay the taxes on the home, ask the people at the county tax office what the next step on your part would be to take possession of the home (if it is in a park). If it is on private property and he owns the property, then the house may be separate from the property or all in one. If the house is married into the property, then it will be a bit harder to take possession. If the house is just titled and he pays yearly taxes on the home, it would be much easier, like a automobile that is abandoned, a mobile home has a title and steps can be taken to get it transferred into your name. Each state is different in their laws regarding abandoned mobile homes.

N0help4u
Jul 12, 2008, 09:12 AM
You can't afford to climb up on the roof and patch the area at least?
Water heaters cost around $150. -$200.

iceyhotintucson
Jul 12, 2008, 09:14 AM
Well you don't have any way of getting hold of him your only options are

1.) Move

2.) Stay indefinitely and
a) live there in the condition it is in
b) make the repairs and live there

I would consider it a small price to pay in exchange for the free rent when you could be paying $400.+ a month most anywhere else.
I understand all that but I don't want to do all the work it needs and have him try to evict me for not paying rent,we only have a verble agreement between us , he moved to mexico right after I moved in and didn't do any paper work for the conditions of the work for rent. I have also paid all the back taxes so he didn't lose the trailer, and I could stay here. I do pay space rent , So I'm not living here rent free, also I have no way to contact him if I move, so the park owner could get possession of it. That's what I want is to own it .

N0help4u
Jul 12, 2008, 09:15 AM
Yeah if you pay taxes for so many years and keep receipts and list of repairs then you might be able to do adverse possession.
But you still run the risk of him evicting you first

If it is a mobile home that is not attached to the ground it could be a transportation title.
If it is attached to the ground and more like a double wide then it is more likely a house title.

twinkiedooter
Jul 12, 2008, 09:32 AM
Nohelp. Even a double wide house fresh from the factory has the equivalent of a title. It's called a Manufacturer's Statement of Origin To A Manufactured Home. This paper is filled out by the dealer and then turned over to the county recorder's office and the home is made into real estate when the house is set on a basement or an approved crawlspace. Then it is considered real estate as there is no title to the home anymore as it was surrendered to the county.

What you call a transportation title is just a title to the mobile home. The same Manufacturer's Statement of Origin To A Manufactured Home certificate is received by the Dealer. The dealer then takes this paper to the County and has a title made from that certificate. The title to a mobile home stays just that - a title, like a car title stays a car title. The mobile home can be taxed as a mobile home or as real property. In Ohio they changed the laws and made all mobile or manufactured homes real property and taxed as real property even if they are in manufactured home parks. The difference being that the home can be put on axles and wheels and moved, regardless if it is a single wide or double wide home. We take apart double wides and move them all the time from park to park or from park to private property or private property to private property. You have to get a transport permit from the county to move a home and have the title of the home in order to get the permit to move it. This way no one can just come along and move your home. The house transporters will not move a home unless they have that permit as they are licensed and must follow strict guidelines. I work at a manufactured home dealership and know what paperwork needs completed for new and used manufactured homes.

If you paid the prior back taxes and have receipts to prove it, you could get the title put into your name. Contact the local agency who you paid the back taxes to and ask them about this possibility.

N0help4u
Jul 12, 2008, 09:34 AM
Yeah that is what I was saying all mobile homes have either a house title or a vehicle title depending how they are classified.

twinkiedooter
Jul 12, 2008, 09:43 AM
There is no "house title" - just a title. The house would be classified real estate if the title was surrendered to the county. We moved a double wide that was about 2 years old recently that had a for real title onto private property and turned in the title to the county as this was moved onto a basement. I did the paperwork at the county after visiting about 3 different depts to make sure all taxes were current. The house now has no title but a deed and is considered real estate just like a stick built house was on the site instead.

The more I think about the mobile home situation of the OP, I'm thinking that he got her to live in the home and pay the park rent, etc and the back taxes so he won't lose the home. This person defintely has a problem if the original owner comes back and wants the mobile home back. Be sure to save all your receipts and get receipts for any park rent that you paid while living there just in case...

N0help4u
Jul 12, 2008, 09:44 AM
Oh okay I knew there was a distinction between them whatever they call them.
My point was how it is titled would probably determine where he had to go to look into the title
Unless the DMV keeps them all regardless?

iceyhotintucson
Jul 14, 2008, 01:47 AM
If you want to keep living there, then do so. Maybe the landlord is on vacation for the summer, who knows? You can make the repairs yourself and keep the receipts. If, after say a year or more, and there is no more contact from the landlord, then I would suggest you contact the local tax agency and see if he's paid his taxes on the mobile home or the property (you didn't say if the home was in a park or private land). If he didn't pay the taxes on the home, ask the people at the county tax office what the next step on your part would be to take posession of the home (if it is in a park). If it is on private property and he owns the property, then the house may be separate from the property or all in one. If the house is married into the property, then it will be a bit harder to take posession. If the house is just titled and he pays yearly taxes on the home, it would be much easier, like a automobile that is abandoned, a mobile home has a title and steps can be taken to get it transferred into your name. Each state is different in their laws regarding abandoned mobile homes.
The trailer is in a park ,And I paid the back taxes on the trailer and instead of him paying me back for it I didn't pay 2 months rent. And Ive been doing a lot of repairs on the trailer already in exchange for the rent , but I don't want to put any more into it unless I owned it. It would be cheaper for me to pay the rent and have the owner do the repairs. But I can't get ahold of him to get a address to send him the rent. I didn't get a chance to get anything in writing or there is no lease.

twinkiedooter
Jul 14, 2008, 04:39 AM
oh okay I knew there was a distinction between them whatever they call them.
My point was how it is titled would probably determine where he had to go to look into the title
Unless the DMV keeps them all regardless?

The DMV does not keep any title to a manufactured home. The DMV simply issues the title. The county keeps the title if it is converted to real estate and incorporated into a deeded property. The original title is kept either by the owner or the leinholder (loan company or bank) as it is considered a chattel loan like a car. The DMV does not keep a car title either.

twinkiedooter
Jul 14, 2008, 04:40 AM
Icy - If you have paid for the back taxes, how many years did you pay for?

N0help4u
Jul 14, 2008, 04:56 AM
The DMV does not keep any title to a manufactured home. The DMV simply issues the title. The county keeps the title if it is converted to real estate and incorporated into a deeded property. The original title is kept either by the owner or the leinholder (loan company or bank) as it is considered a chattel loan like a car. The DMV does not keep a car title either.

That is what I figured that is why I was saying he would need to figure out how the trailer was titled.
Then he would have to go through DMV , DOT or where ever to do what he wants to do if and when he would be able to do what he wants to do.

N0help4u
Jul 14, 2008, 05:01 AM
Since he used what he owed for rent toward the taxes instead couldn't the owner just use that against him?
Do you have proof YOU paid the taxes?

ScottGem
Jul 14, 2008, 06:11 AM
Lets look at the bottom line here. You have been living basically rent free. Yes you bartered some for the rent (hope you kept full documentation of that). So, you either move or invest.

You moved into the trailer on a VERBAL agreement. That puts you at risk right there. If you want to live there, then make the repairs or pay someone to make them. Document whatever you pay out. Document your efforts to contact the owner to do repairs and collect rent. Pay your rent into an escrow account, until the landlord starts collecting. If repairs or needed, or taxes need to be paid, take it out of that escrow account and document everything.