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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 25993
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I currently own property in the State of Washington. When I

Customer Question

I currently own property in the State of Washington. When I purchased the property 12 years ago, there was a mobile home on the property at the time. The mobile home was not included in the purchase of the property. As of this past January 2013, this mobile home was vandalized and now the Pierce County Health Dept. and Dept. of Planning and Land Services have issued me a Notice and Order of : Dangerous Building and are requiring me to demolish this mobile home. I have never mortgaged, or owned this mobile home. The mortgage company is the legal owner of the mobile. The mortgage company and my lawyer are telling me that it is my responsibility to pay for the demolition since it sits on my property. How can I legally destroy a building that is not legally mine? Also, when I try to contact my lawyer about this matter, he does not respond. The County is giving me until the end of December to clean things up at the cost of $12,00.00 + I would appreciate any response. I currently live in the State of Vermont and due to health issues I am not able to go to the State of Washington to deal with this in person. Please help.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Roger replied 8 months ago.

Roger :

Hi - my name is XXXXX XXXXX X'X a Real Estate litigation attorney. Thanks for your question. I'll be glad to assist.

Roger :

It sounds to me like you may want to speak to another lawyer in Washington to give you an opinion on this.

Roger :

If the mobile home is not your, you didn't purchase it, you don't have title or a bill of sale for it, etc., then it's obviously not your property.

Roger :

If it is sitting on your land, the true owner is legally trespassing with the placement of the mobile home, and you should have a legal right to have the owner remove it.

Roger :

If the mortgage company foreclosed on the previous owner, then it should be responsible for the expense. The most appropriate action should be to issue a demand letter to the lender/owner demanding that it indemnify you and remove the mobile home per the county health department's mandate, and that if it doesn't, you will have this done and seek legal relief for indemnification from it for the expense you incurred to remove its property.

Roger :

The legal liability and responsibility for this should fall to the true owner, and if that's the lender, then it should bear the expense.

Roger :

Since you have until December to resolve this, that should be enough time to get to the bottom of who is responsible and then try to reach an informal agreement, and if that doesn't happen, you could sue the true owner as described above.

Customer:

Roger - Thank you for your advice. First of all, I feel that I should get a new lawyer. I do not feel that I have the right to destroy someone else's property - vandalized or not, nor do I feel that I should pay for this demolition. Once again, thanks!

Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 25993
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 4 other Real Estate Law Specialists are ready to help you
Expert:  Roger replied 8 months ago.

I certainly think you need another opinion before you proceed because if the property isn't yours, you should have a right to move it off at the owner's expense, and that's the avenue that you should discuss with your attorney or new attorney.

 

Thanks for allowing me to help and please let me know if you need anything further.

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