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    Comalley23's Avatar
    Comalley23 Posts: 5, Reputation: 1
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    #1

    Jul 2, 2013, 08:27 AM
    Judgement on a person who is dying.
    This has been going on for a year and a half of chasing him job to job for a judgement. Now because of his illness he is moving in with his family. I have tried to get the vehicle that he owned but was not worth what he owes me. He has no checking/savings accounts but owns a mobile home, not the property(land), can I go after the mobile home. He is not selling due to he is owes the park lot fee of over $2000.00. So my question is I can subpoena him but can I subpoena the family or can I get anything from the mobile home and is it true that a lien can not be put on a mobile home? I live in Clarence,New York, Erie Country. Thank you for your help in this matter. Cheryl
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Jul 2, 2013, 08:58 AM
    You can go after the home if it is no longer his primary residence, by putting a lien on it that you can collect on when it is sold after he dies. You cannot go after anyone else, regardless of who he lives with and is related to.
    Basically, if he is broke and dying, you are not going to get anything. He'd have to win the lottery or inherit or find a stash of gold, so I suppose you can keep tabs.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 2, 2013, 09:01 AM
    You may go after the mobile home and put a lien on it, but not force the sale,

    The truth here, and not one you want to hear, most debts, most judgements are never collected. So most likely, he has nothing, and when he dies, there is nothing.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jul 2, 2013, 10:45 AM
    Yes, you can lien against a mobile home in NY and you may very well be able to force a sale.

    Question is whether it's worth it to you - the expense of foreclosure is often more than you will gain from the forced sale.

    If he owes $2,000 to the mobile home park that park will force a sale. You should file your lien quickly, hopefully before the Park reduces the debt to judgment (it may be an automatic judgment). You may very well be second in line to collect if there is a forced sale.

    How much does he owe you?
    Comalley23's Avatar
    Comalley23 Posts: 5, Reputation: 1
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    #5

    Jul 2, 2013, 02:07 PM
    To JudyKeeTee,

    He owes me $1,076.21. How do I go about putting a lien on his mobile home? Do I need a lawyer to do that and do I have to subpoena him?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jul 2, 2013, 02:10 PM
    You already have a Judgment, filed in Erie County Court, right? If he lives in Clarence is that the Court that heard the matter, gave you the judgment?
    Comalley23's Avatar
    Comalley23 Posts: 5, Reputation: 1
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    #7

    Jul 2, 2013, 02:17 PM
    JudyKeeTee,

    Yes to both the questions.
    Comalley23's Avatar
    Comalley23 Posts: 5, Reputation: 1
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    #8

    Jul 3, 2013, 08:06 AM
    Now I was told through the mobile park management, if I was to put a lien on a mobile home, that person is being kidded out due to he owes over $2000.00 in lot fees, I would be responsible for the late lot fees and previous ones till mobile home is sold! Is that true? I'm like a creditor trying to collect a debt!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Jul 3, 2013, 09:43 AM
    No, that's not true.

    Golden Pond Estates?
    Comalley23's Avatar
    Comalley23 Posts: 5, Reputation: 1
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    #10

    Jul 3, 2013, 10:57 AM
    JudyKayTee,

    Rockoak Estates
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Jul 3, 2013, 12:43 PM
    Okay - I had a 50% chance of getting that one right.

    They are still wrong.
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