Owner sells a mobile home to buyers in a mobile home park on a contract for title, requiring as part of the sale to maintain the lot rent and fees of the mobile home park. Buyers default on the sale terms with knowledge of the mobile home park, who assent to the sale, and derive benefit from the continued occupancy (lot rent and fees of the buyer) for the mobile home. May the mobile home park proceed against the owners of the trailer home for the unpaid lot rent jointly and severally, once having ratified the terms of the contract for title?
Country relating to Question: United States
State (if USA): South Dakota
Seller of the mobile home is contemplating eviction, however, since buyers of the mobile home arguably have some equity in the mobile home, unsure whether eviction is proper remedy for seller. Mobile home park has offered to seller that if lot rent & fees are brought current, the buyers of the mobile home will be evicted, if seller assures new renter will take occupancy. Who will prevail?
Thank you for your question.In this instance "Owner" has the interest in the property and if the buyers default to him, the Owner is able to pursue the default directly. I am unclear as to why the mobile home park believes that they have an interest in the property beyond a possible lien, if recorded, but if by "assention" you mean that the contract was assigned over to them by the owner, then yes, they would obtain the same rights as the original party and would be able to pursue both an eviction and a re-taking of the property from the current tenants. I do not see the tenants liable for "rents" beyond what they independently agreed upon.Good luck.Dimitry Esquire41039.2755449884
Licensed in PA & NJ , specialize in business/contract disputes, immigration, estate creation & admin
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