I have a contract which is on default of loan and also on contract and owes the mobile home park lot rent he also has not paid taxes or insurance what do I do to get him out he has been served with a 3 day notice from park owners
I have a contract which is on default of loan and also on contract and owes the mobile home park lot rent he also has not paid taxes or insurance what do I do to get him out he has been served with a 3 day notice from park owners
What State? What type of contract? Buy/rent?
If you have a rent with purchase contract and the buyer stops paying then it reverts to a rental property. Then you must start eviction proceedings against your "tenant". When you do get an Eviction Order be sure to get an Order of Removal as well otherwise the tenant can keep living there indefinitely! That Order of Removal is very important otherwise as legally the cops cannot literally "remove the tenants" from the home!
The fact the buyer didn't pay the park lot rent means that you must pay the lot rent or the park can literally evict the home from the park for nonpayment of the lot rent. Best not to have this happen as it's easier to just pay the lot rent than try to fight the park. It's their land after all and they need the monthly rental income on it. Also the home could be hauled away and placed in a storage yard on which you'll owe storage for the home. It's easier to just pay the lot rent and keep it current as you will be charged for the removal of the home by the park. And to try and set up the home again and move it will be a very expensive undertaking as well. Cheaper in the long run to just leave the home where it is now and keep the lot rent current.
The same goes with nonpayment of the taxes on the home. If you are still the legal owner of this home then you need to get the taxes current on this home or it could be turned over to the county attorney and the home seized and sold for back taxes. The counties here in Ohio don't play with the real estate taxes owed on mobile homes once it gets more than $1,000 they tend to turn it over to the county attorney's office for immediate collection. You can call up the county tax collector's office and make payment arrangements if the back taxes are a lot. Otherwise if you don't call and make arrangements they assume that you aren't going to pay anything and they act accordingly.
As for the insurance part I'm sure that you should get insurance coverage on your home in case anything happens until you can sell it again. Not that expensive if you go through Foremost Insurance Co (if you are an AARP member you gets better rates as well). I'm in Ohio so I should know.
I worked for a mobile home manufacturer as well as lived in manufactured housing and have had rent with purchase contracts for the purchase of MHs. When you rent the lot you are literally at the mercy of the park owner/landlord and must keep the park rent paid in full otherwise you risk the home's eviction. Where I live at a golf course mobile home community if you don't pay the lot rent by the next month you will be served with the 3 day notice, then you will get eviction paperwork along with a Court date to appear in court in about 2 weeks for the formal eviction.
You need to act quickly and keep the park rent paid regardless if the "tenant" pays you or not. It's your mobile home and you need to take the financial responsibility and keep the park happy otherwise the park CAN evict the home or refuse to let you continue to keep renting it out as you will be consiered a bad risk or bad payer. I've seen homes moved out of my park due to non payment of park rent. The owners CAN refuse to take your lot rent and end up evicting you if they so chose to do so. They did this to my immediate neighbor as his home was literally falling apart (and had been told to fix it up for years before I even moved into a brand new home next door to this mess). My neighbor went to the court eviction hearing and had the cash in his hand ready to give to the park's attorney but the attorney had been advised not to take this money and continue with the eviction anyway. Long story short - his home ended up being taken out in pieces as it was well over 25 years old and could not be taken over the roadways as it started falling apart after the first speed bump 10' from his lot!
These days mobile home parks want tenants that pay and pay ontime. They are very quick to formally evict the "homes" out of their community.
If you do pay the park rent up to date may I suggest that you continue to pay the park rent yourself so you know for sure that the park rent is paid and paid ontime in the future. Let your tenant or buyer pay you the park rent directly. You can pay the park ahead of time and then get reimbursed each month by the renter/buyer. You don't want to risk your home being evicted or the park owners barring you from renting it out again. Most parks only permit owners and not renters in their parks so consider yourself very lucky that you are even able to have this arrangement.
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