Fri, Jul 03, 2009
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Is This Even Legal? |
stangboy041376
95 Posts
Member Since: 01/30/2004
Freeport, NY
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Posted: 19:08 on 09-24-2008
I bought a mobile home here in NC and the lot owner is from hell. I bought it from a lady who bought it from another person who passed away. Now before he passed away , he owed 6 months of back lot rent. The lot owner says before anybody can occupy the mobile home, the back lot rent must be paid or he will evict the home from the park. Also he says whoever occupies the home, he would want them to put vinyl siding on the home 3 months in. Would these statements hold up in court if it ever reached that level and can he legally force me to pay some other persons back rent who owned the home a while ago?? Any advice would be greatly appreciated!!
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cjmazur
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Member Since: 07/23/2003
Cupertino, CA
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Posted: 20:57 on 09-24-2008
did a lein of some sort get attached to the land?
read what the lease says.
Is there any concept of title insure w/ mobiles?
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stangboy041376
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Posted: 09:22 on 09-25-2008
How could a lein get attached to the land?? I dont own the land, thats what I pay lot rent for.
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commercialking
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Posted: 13:59 on 09-25-2008
Well the answer will depend on state law so you probably need a local attorney to render an opinion on this matter. But my guess is that the answer is yes, he can do that.
There are really two issues here, of course, the back land rent and the re-siding.
Relative to the land rent generally the Law is in favor of people getting paid so my guess is that the obligation attaches to the vehicle and must be paid before the trailer can be rented or moved.
There is the bad news
However, if we assume that the obligation attaches to the vehicle then it should probably have been taken care of by the woman you bought the trailer from since she had the obligation to provide clear title. You may have a claim against her for fraudulent conveyance or something like that.
There is the good news.
However, looking at the matter a different way perhaps we should ask practical questions rather than legal ones, How much money is the delinquent land rent? If you simply paid it how much deleterious effect would it have on your transaction? If this gets into a pissing contest in court how much is it going to cost to sue and be sued as compared to the value of the claim? If the back rent is a large amount you might want to reconsider the wisdom of walking away, writing off what you have in it so far and learn a valuable lesson about checking for underlying obligations before you purchase investment property.
Another issue is whether the lot owner may not have other interests here. He may have believed that he would end up with title because of this large unpaid claim and finds your presence annoying. It seems to me that I recall the acquisition of vehicles in such circumstances as one of the reasons you want to own trailer parks. In that case you may be able to negotiate your way out of this by apologizing for depriving him of the windfall and attempting to settle the old obligation for some smaller amount.
As to the issue of whether he can make you put siding on the trailer the answer is again, probably yes. The lot lease probably includes language that the vehicle must meet certain standards of maintenance or appearance so that the landlord can protect himself from dangerous or ugly units which would adversely affect the value of the total property. Whether this particular trailer is sufficiently in need of siding I have no way of knowing with the data available at this time. It is possible that Mr. Lot Owner is persecuting you for stealing a windfall he had already counted upon. Its also possible that the thing really needs siding.
Either way you might want to consider moving the trailer to another park. After all if the park owner is as obnoxious as you say why would you want to consider continuing a business relationship with him. Vote with your feet, take you dollars elsewhere.
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bigbende
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Member Since: 04/23/2008
Newark, DE
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Posted: 14:57 on 09-25-2008
From what your saying, Yes he could demand it be paid before anyone can move in, not sure if it would hold up in court . You own the MH not the land (?) so He can tell you to move it. Do you have a lease on the Lot for the lot rental. What does it say. I'm thinking they run the same as when someone moves into a MH park they have to pass screening. So since he has the right to refuse ground rental he could tell you to move the MH if you dont pay back rent
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stangboy041376
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Posted: 15:50 on 09-25-2008
Ok I am going to pay the back rent, its about 1000 dollars, but what about the siding?? I never signed anything that said the home needs to be sided, it was strictly verbal.
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JohnMerchant
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Posted: 17:07 on 10-04-2008
You've just learned a very valuable lesson all MH folk need to know...you MUST sit down and hash out these things BEFORE you agree to buy...and when you don't then you're going to get hit with all this junk.
Remembr who owns the lot and the MHP?
Not you, not your MH seller, but the MHP owner.
And the MHP owner is calling the shots as to what MHs can stay, who can live in them, etc.
In most states the MH law has been written or directed by the State MHP Owners Ass'n as they're organized, well financed and have the most to lose with bad tenants, bad laws, etc.
So of course the laws favor the MHP owner and its his lease, his MHP rules, etc.
Now all you can do is try to patch things up with that MHP owner/manager and do whatever you have to, to put your MH in shape and resell it.
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faulky
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Kalamazoo, MI
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Posted: 01:49 on 12-30-2008
Good advice! Also always, always always, check with the park manager or owner before buying mobile homes in parks. They have full control over who gets in and you must play by the parks ruls if you want to play in that park. Yes they have full rights to enforce upgrades to current community standards and to have you pay the lot rent or tell you that you have to move the home. When buying mobiles from owners in distress "verbal" contracts will never cut it. You need to always make sure everything is in writing in your purchase contract, and you will avoid a bunch of problens such as back lot rent, the home being able to stay in the park, mandatory upgrades, title issues ( if it is still in the old sellers name you may also owe back taxes  appliances staying, cleanliness, etc...
It's all in the contract!!!! Properly written the seller would be responsible for all of the defects.
On the flip side you may be able to do a little sucking up to the manager by telling him what a nice park he has and what a good job you will do finding a good buyer that he may only make you pay 1/2 the lot rent.... Structure your sale and contract properly and you should be able to make a nice profit. Structure it wrong or pick the wrong buyer and the project will be a complete failure.
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stangboy041376
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Posted: 04:47 on 12-30-2008
Thats fine but how can he be fair and consistent when there are other homes in the park that are not sided either? Would it be legal to just evict my home and not the others in the park that werent sided?
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jfmlv1950
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Las Vegas, NV
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Posted: 16:36 on 12-30-2008
I have had to deal with MHP owners/managers in the past and most think they are the greatest thing since sliced bread. They are all premadonas and think their "s**t doesn't stink".
The problem with dealing with them is that you HAVE to deal with them on their terms because it is their park.
Best to get your mobile homes with their own land unless you like to deal with these "landlords".
John (LV)
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