[LEBROAK]

I have a friend who is disabled (finally won Social Security award after 20 mos) and became behind on her mobile home space rent. She recently went to court, and of course the judge awarded the mh park a judgement in the amount of $3081.55, of which $444.00 was court costs and $500.00 was attorney fees. No writ has yet been served on her as she has been trying to work out a settlement with the park so she doesn't lose her mobile home. The Mobile home is not yet in her name (even though she paid it off years ago) as the title just never finished being transferred. There is also a tax lien on the mobile home.

Today, she finally got a final number from the Park owners to settle up and renew her lease. They are demanding $2600.00 for attorney fees and the back rent in the amount of $2300+/- which includes late fees. There is not an actual judgement filed yet, as the court told her the case was rejected due to errors on the paperwork. During this time, they have also been pushing her to get the mobile home in her name. Is it possible that the error is that they needed to sue the legally titled owner of the mobile home in order to take possession of it? And if the judge would only award $500 in attorney fees and $440 in court costs, can they jack the legal fees up like that? Will they have to restart the case over due to the errors? And how can they justify $2600 in legal fees?

I should add that the MH is only valued at $4700, has a roof that leaks, needs a heater, and has some wiring issues.

I think she should call their bluff and tell them to knock off the extra legal fees (totalling $1200.00+/-) or she's going to walk and they will get nothing from her; and be left with no clear title, a tax lien to pay off, and repairs to bring the mh up to code in order to sell it. She's not concerned with credit issues, so not paying them will not hurt that. I don't see how this would be worth their while. She has a confirmed award from Social Security that will allow her to keep her rent up and live reasonably. What do you think?

[cdad]

She should offer to pay them the back rent plus the $500 fee for the lawyer and that's all. The $444 shouldn't be due from her pocket because the hearing never happened. If it was rejected by the courts.

So the new total should be $2637.

They can take it or leave it. If they do try to take her to court she can show she offered to pay in full what was owed plus a legal fee.

It wasn't her decision to carry it further so it shouldn't be her loss.

Also are there and rental boards there where the park is? It may also turn into a case of discrimination at this point if they refuse.

[Fr_Chuck]

I am confused, if they went to court and the judge "awarded" then they got a judgement.

So then you say they are trying to settle.?

[AK lawyer]

I am confused, if they went to court and the judge "awarded" then they got a judgement.

So then you say they are trying to settle. ??

Me too. They got a judgment for $500 in attorney fees, not $2,600. Anything more than the $500 they got would be barred by the previous judgment. It's a matter of res judicata.

[LEBROAK]

When my friend went down to the court house to get a copy of the judgement, the court clerk told her there was no judgement as the case was rejected due to errors in the paperwork. Could this be lack of a clear title to the Mobile Home? I'm not sure if the rejection is just in the paperwork submitted after the hearing or the paperwork before the hearing found after the fact.
Anyway, they are trying to get the $2600 in legal fees because she wants to stay in the MH park (can't afford to move the trailer, etc.) and they stated they would give her a new lease if she pays this extra money on top of the judgement amount.
By the way, she has not been hit with the Writ from the sheriffs department yet either. Personally, I think something smells with their legal rights here.

[LEBROAK]

Ok, I just got this info from the court site from the Register of Actions/Court Docket

"4/12/2011 REJECTION/CORRECTION NOTE SENT PLAINTIFF 1 JUDGMENT-UD AFTER COURT TRIAL - 2B IN COMPLETE MISSING ATTORNEY WHO APPEARED FOR PLAINTIFF
WRIT OF POSSESSION - #5 NOT MARKED, #9 NOT MARKED,#17 & 18 IS NOT TO LIST WRIT FEE FOR THIS IS ONLY A WRIT OF POSSESSION.
4/1/2011 TRIAL BY COURT. UNLAWFUL DETAINER
THE ABOVE ENTITLED CAUSE CAME ON REGULARLY AT THIS TIME TODAY FOR HEARING WITH PARTIES AND COUNSEL PRESENT AS FOLLOWS:
xxxxxxxxMAKES A SPECIAL APPEARANCE FOR xxxxx ON BEHALF OF xxxxxxx TC. LLC (PL-1).
xxxxxxxx(DE-1) APPEARS IN PROPRIA PERSONA.
DEFENDANT IS DULY SWORN AND TESTIFIES.
xxxxxxxxx DULY SWORN AND TESTIFIES ON BEHALF OF THE PLAINTIFF.
SEE EXHIBIT LIST ATTACHED AND MADE A PART HEREOF FOR ITEMS MARKED FOR IDENTIFICATION OR ADMITTED INTO EVIDENCE.
THE COURT ORDERS AS FOLLOWS: JUDGMENT IF FAVOR OF PLAINTIFF AGAINST DEFENDANT FOR POSSESSION OF THE PREMISES, FORFEITURE OF RENTAL AGREEMENT AND PAST DUE RENT IN THE AMOUNT OF $710.41 PLUS DAMAGES IN THE AMOUNT OF $1,210.00 FOR A TOTAL OF $1,920.41. THE COURT ALSO ORDERS: DEFENDANT OWES TOTAL COVENANTS IN THE AMOUNT OF $224.42 AND TOTAL COST IN THE AMOUNT OF $441.00 PLUS ATTORNEY FEES IN THE AMOUNT OF $500.00 FOR A GRAND TOTAL JUDGMENT IN THE AMOUNT OF $3,085.83.
DISPOSED AFTER COURT TRIAL, AFTER EVIDENCE BY BOTH SIDES.
THE COURT ORDERS ADJOURNMENT."

So that answered some of my questions... they just screwed up the judgement and writ paperwork. I still think she should offer them the judgement amount... maybe a month or two advance rent in exchange for a new lease, or just tell them to shove it.

[AK lawyer]

... I still think she should offer them the judgement amount...maybe a month or two advance rent in exchange for a new lease, or just tell them to shove it.

Sounds reasonable. It depends on how much she wants to stay, and how much the LL wants her to stay. The LL can ask for anything they want, basically.