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    CHERIE_LABAT's Avatar
    CHERIE_LABAT Posts: 42, Reputation: 1
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    #1

    Apr 2, 2008, 03:11 AM
    Land owner won't let me move my mobile home
    Can the owner of the land keep my mobile home? What do I need to file in court in order to move my mobile home?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Apr 2, 2008, 04:42 AM
    If you own the home and do not owe the landowner any money I see no reason why you can't move it. What are the circumstances as to why he won't let you move the home? More info please.
    George_1950's Avatar
    George_1950 Posts: 3,100, Reputation: 236
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    #3

    Apr 2, 2008, 04:44 AM
    Do you have a written lease, or was your home place on the land by verbal agreement?
    CHERIE_LABAT's Avatar
    CHERIE_LABAT Posts: 42, Reputation: 1
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    #4

    Apr 2, 2008, 10:55 PM
    Quote Originally Posted by CHERIE_LABAT
    Can the owner of the land keep my mobile home? What do I need to file in court in order to move my mobile home?
    Ok the mobile home is in my minor sons name. The trailer was already their when my ex-boy friend gave it to us. It was in the spot it has been for 7 years. The girl in it was evicted for non payment, is the land owners girlfriend. The land owner had agreed at one point to let me leave the trailer their for $150. A month lot rent. Well his girlfriend got mad so he then said we had to move it. Well every time I have tried he says I can't that my ex owes him money. I tried to explain that he wasn't in it anymore and showed him the title. I offered to ttry and work something out, would still rent the lot or pay a fair amount and move it. He said no to renting it, and won't discuss with me how much is owed. He wants my ex to pay him. I've been paying lot rent for 6 months on another spot and need to do something. I can't afford paying bills at 2 spots. I was told to bring the law with me to move it, get a judge to order him to let me ,move it. Im lost and don't how to go about getting it moved. We need a place to live instead of staying here and there. Any suggestions would be greatly appreciated.
    oneguyinohio's Avatar
    oneguyinohio Posts: 1,302, Reputation: 196
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    #5

    Apr 2, 2008, 11:01 PM
    Contact your local sherriff about the laws, and what services they can provide for you to be able to move your property. Do that before you hire a mover, so that you will know the laws. You may have to find out from the local authorities about any laws about moving the trailer to make sure it is allowed wherever you want it, as well as talking to a lawyer about the guy not allowing your trailer to be moved. I would start with the sherriff's office, and they can tell you who to talk to beyond that.
    CHERIE_LABAT's Avatar
    CHERIE_LABAT Posts: 42, Reputation: 1
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    #6

    Apr 2, 2008, 11:07 PM
    This was a verbal agreement on the $150 a month to ve their, never nothing agreed on for how long or for xx amount of money a momth until I found some where to move it. Ive left tons of messages and notes on his door to but he won't call ,me. No lot rent has ever been paid before and ,my ex also paid to put septic tank, water and power here. How should I handle this?
    CHERIE_LABAT's Avatar
    CHERIE_LABAT Posts: 42, Reputation: 1
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    #7

    Apr 2, 2008, 11:10 PM
    Sheriff's office said to let them know ahead of time and som,eone will meet us there. A mover said I need a judge to give me something.
    George_1950's Avatar
    George_1950 Posts: 3,100, Reputation: 236
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    #8

    Apr 3, 2008, 04:15 AM
    My guess is that if you have a mover and a deputy show up together, this guy will back down. There is only one way to know and that is to set up the appointments. It's a matter of getting the land owner to back down because he can order anyone off his property if there is no breach of the peace. How did the ownership of a mobile home get into your minor son's name? Did your ex do that? Did your ex own the mobile home? Does your ex owe the landlord? If you can't move the trailer peaceably, you will need the help of a lawyer, of course.
    oneguyinohio's Avatar
    oneguyinohio Posts: 1,302, Reputation: 196
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    #9

    Apr 3, 2008, 05:34 AM
    I would not give the land owner one cent unless you want too. You do not owe him, the ex is the one who needs to deal with the debt. Sometimes landlords simply lose out but that is not your fault.

    I would try showing up with the sherriff and mover before you take him to court, and if he still does not allow the move, then go to court and sue him for depriving you of your property.

    It sounds like this guy is trying to get you to give him this trailer so he can then make his girl friend happy...
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #10

    Apr 3, 2008, 06:06 AM
    My question is how is this guy stopping you from moving the home? Does he live on or near the property? If a mover showed up did he threaten them, stand in their way or what? Is it possible to have the mover show up when he's not around?

    But really, if you go to the sherriff's office, show them that you have title to the home and that the land owner refuses to let you move it, they should send an officer to meet the mover and prevent him from interfering. At most, they will tell you to go to the local court and obtain a restraining order against him, if the mover won't move until you do.

    As a side note, once you get the home moved, I would file suit against the land owner to recover and double fees and court costs you were forced to pay because of his interference.

    As long as you have clear title, then it had no right to interfere.
    CHERIE_LABAT's Avatar
    CHERIE_LABAT Posts: 42, Reputation: 1
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    #11

    Apr 8, 2008, 12:59 AM
    Well I met the movers at my mobile home the property owner ordered us off or would have us arrested for trespassing. I talked to an attorney and he said talk to sheriff and chancery court. I did both of those and I am bringing in the title to sheriffs office and to chancery court. I'm going to try and get a time and day they can meet me with the movers and get it out of there. I'll post updates as it unfolds. Thank you very much for all the responses and the help.
    George_1950's Avatar
    George_1950 Posts: 3,100, Reputation: 236
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    #12

    Apr 8, 2008, 04:01 AM
    I would like to believe this is some kind of bona fide dispute, but the landlord sounds a bit nutty; how much does he claim that you owe? Or has he stated some other reason for you to leave the property?
    oneguyinohio's Avatar
    oneguyinohio Posts: 1,302, Reputation: 196
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    #13

    Apr 8, 2008, 04:34 AM
    Yep, he's probably going to try to get the trailer for nothing, claiming that he is entitled to back rent. His problem may end up being that the trailer is in the child's name, and he can not make any binding contracts with a minor. He may be entitled to back rental fees from the original person who put the trailer on his property, but that is not your obligation.

    Please let us know the outcome.
    CHERIE_LABAT's Avatar
    CHERIE_LABAT Posts: 42, Reputation: 1
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    #14

    May 5, 2008, 11:15 AM
    Here is another update. I had the movers and the sheriff meet me at the trailer to move it. The property owner came out and said we couldn't move it. And had equipment blocking the drive way to where we couldn't move the trailer. The officer called in to sheriff dept. and was told that we couldn't make him move the stuff and what I needed to do was to file a Replevin so the judge can give us permission.

    I talked to a few attorneys about handling this and I've been told $2500. To retain an attorney. Which I don't have so I'm going to try and file all the paper work myself. So if anybody has any information or any experience at it I would love to know kind of what to expect and maybe how long of time frame.

    I'm thinking that I need to file a summons, complaint of replevin, and a writ of replevin. I've got to call and setup a court date. I'm also going to try and sue the owner of the land for the money that I have spent to get my trailer. It is starting to add up. I had to pay the movers $300. For there time, and been paying lot rent since 10/07 @ $100. A month, plus all the filing fees that I'm going to have to put out.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #15

    May 5, 2008, 11:50 AM
    Quote Originally Posted by CHERIE_LABAT
    Here is another update. I had the movers and the sheriff meet me at the trailer to move it. The property owner came out and said we couldn't move it. and had equipment blocking the drive way to where we couldn't move the trailer. The officer called in to sheriff dept. and was told that we couldn't make him move the stuff and what I needed to do was to file a Replevin so the judge can give us permission.

    I talked to a few attorneys about handling this and I've been told $2500. to retain an attorney. Which I dont have so I'm going to try and file all the paper work myself. So if anybody has any information or any experience at it I would love to know kinda what to expect and maybe how long of time frame.

    I'm thinking that I need to file a summons, complaint of replevin, and a writ of replevin. I've got to call and setup a court date. I'm also going to try and sue the owner of the land for the money that I have spent to get my trailer. It is starting to add up. I had to pay the movers $300. for there time, and been paying lot rent since 10/07 @ $100. a month, plus all the filing fees that I'm gonna have to put out.


    No legal advice but what the heck is the problem with the land owner? Did I miss something?
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #16

    May 5, 2008, 12:04 PM
    Yep Replevin does seem applicable in this case. What bothers me is why the sheriif's office didn't tell you this BEFORE he sent someone to go with you. In my previous response, I said you might need to get a court order allowing you to recover your property.

    I'm not sure if you have to file the writ or whether the judge will actually issue it. Talk to the court clerk to see if they can help you. You most certainly can sue the property owner for your costs in recovering your property. The question is whether you can collect.
    George_1950's Avatar
    George_1950 Posts: 3,100, Reputation: 236
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    #17

    May 5, 2008, 01:43 PM
    Quote Originally Posted by CHERIE_LABAT
    Here is another update. I had the movers and the sheriff meet me at the trailer to move it. The property owner came out and said we couldn't move it. and had equipment blocking the drive way to where we couldn't move the trailer. The officer called in to sheriff dept. and was told that we couldn't make him move the stuff and what I needed to do was to file a Replevin so the judge can give us permission.

    I talked to a few attorneys about handling this and I've been told $2500. to retain an attorney. Which I dont have so I'm going to try and file all the paper work myself. So if anybody has any information or any experience at it I would love to know kinda what to expect and maybe how long of time frame.

    I'm thinking that I need to file a summons, complaint of replevin, and a writ of replevin. I've got to call and setup a court date. I'm also going to try and sue the owner of the land for the money that I have spent to get my trailer. It is starting to add up. I had to pay the movers $300. for there time, and been paying lot rent since 10/07 @ $100. a month, plus all the filing fees that I'm gonna have to put out.
    What state are you in? You need to find out why the owner won't let you move without having to go to court. Unless the owner has something big, you may want to sue him, as suggested previously.
    CHERIE_LABAT's Avatar
    CHERIE_LABAT Posts: 42, Reputation: 1
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    #18

    May 6, 2008, 11:44 AM
    I live in Mississippi. The title on the trailer was transferred to my son in 12/06. I have been trying to move the trailer for at least the last 10 - 12 months. I've left numerous messages on his trailer door with at least 3 or 4 numbers where he could reach someone.
    I even offered the owner $1000. If he would just let us go on and move it. I told him that I would help get all the information he would need and would testify as to when the home was transferred. The cop even tried to get him to take it because he thought it was fair.
    He keeps adding to the total due every month. I just can't see a judge going along with that since I have tried to move it. He is why its not moved. So its like he is trying to hold it there just so he can try to keep billing me. I hope a judge will be able to see through this and realize I have been paying lot rent where I was suppose to put the trailer for 8 months. So its obvious the only reason it's there is because of him wanting to be an .
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #19

    May 6, 2008, 12:19 PM
    You should get an affadavits from the officer who accompanied you this last time stating that you attempted to move the trailer and the property owner blocked it. Add this to your other documentation of your attempts to move it previously.

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