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I bought a mobile home in a park in April 7th of 2016. The…

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I bought a mobile...

I bought a mobile home in a park in April 7th of 2016. The park manager who sold me the mobile home on behalf of the park Owner gave me the bill of sale that says it is a 1974 Rocket with a 6 digit ID Number. I was informed that it would take some time to get the Title to the mobile home, because they were going through the lein process of obtaining the Title through the courts, and that it could take 3-6 months to get it, so it would be a little while before they obtain the title. I said ok, no problem, just let me know when you get it. The park manger contacted me around the first week of December to tell me that she had placed the Title to the mobile home in mail box, that all I needed to do was go down to the DMV and have it switched over in my name. When I went to the mailbox, there was a manila envelope addressed to me that i assumed had the title in it. I never bothered to open it and read what was in it, like I should have. I just filed it away, and planned to have it transferred when I got the funds to do so. It was just one of those things that was out of sight and out of mind and I was in no real hurry to do so. Around the middle of or the beginning of August 2017 (I have pictures with dates), I started to notice a real musty and moldy smell in my mobile home, so I investigated and found that their was a lot of mold behind the walls that had been covered up by the park manager and the maintenance person with paint and caulking, in the bedroom just prior to me purchasing the unit. I had owned and lived in the unit just over a year now, and assume it never was noticeable or bothersome until all the rain we got in the spring and summer of 2017. I bought the unit "AS IS", so im sure their is nothing I can do about that, but think it is very important to point out, to show the type of people we are dealing with here. It was at this time (middle of August 2017) that I started to move alot of things into my storage unit, including all my important papers and files, to make room to rehab the mobile home. Then Hurricane Irma is making a bee line target of Tampa Bay, and was described as nothing less than Nuclear. So I rented Box Truck around the 6th or 7th of September 2017, and fished loading up what was left in the unit I didn't want destroyed as well as my mothers house and evacuated. Upon return post Irma, around 10 days later, I unloaded some things that i would need to comfortably live their while i was rehabbing the unit, I also found that my unit had again suffered some water damage, this time in the back of the unit through a A/C Unit that was inoperable, and my bed, couch, wall, floor and carpet had been damaged from the wind driven rain that had made its way in through the A/C. Around the 20th through the 25th of September i began removing the wet and damaged area of materials from Irma inside the unit. 2-3 weeks later I decided I just wanted to sell the place. I had made a claim through FEMA, and was found eligible for relocation and rent assistance, but was denied any funds to rehab the unit because I could not prove ownership at the time of inspection. I was told I could appeal with in 30 days of notice of denial, but again all my paperwork as far as the tile to the unit goes, was in storage, and I also no longer had a desire to live their.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Monday the 23rd of October, I was coming to the Unit to start moving out of the Unit. As I was pulling into the park, Myrtle was leaving the office on her golf cart,so I stopped to talk to her about my plans for the rent, and to let her knowe that I was moving out of the unit, and that I am going to sell it.Her response was okay that is fine as long as I dont have to deal with the selling of it, because now that all the winter people are back I will not have time, just as long as you get my back rent paid up, there shouldnt be an issue. She also explanied that anyone I sell it to will have to pass a background check, if she feels they need to be, that she is a good judge of charcter. Ultimately she has the ability to again block my sell. So with that Information from her, and her terms, I began moving all my stuff out. I advertised my place for sale on Saturday the 28th 2017, and on Sunday the 29th I had a potential buyer, Harold who was intrested in buying it for his father. 5 minutes before he got their on Sunday around 1pm, Mike comes again bangin on the door asking me what I am doing, I said well Mike I am moving out and sellinng the unit. He said well what happened to A/C unit that was in the bedrrom window by the front screened door? even though that shouldnt be important him, I answered him, and told him I had temporaily removed it, till I sell the unit. His response to me was, "Well your going to just have to remove the unit when you move and take it out of here, then just proceeds to walk away. I opened the door And said what are you talking about, I have already talked with Myrtle about all of this, and we have made an agrrement, so what are you talking about? He says, it needs to much work. I then said like what work do you think it needs Mike? He would not answer that, even though I asked him several times in a row. He bagan to scream at me while calling me a "Peice of shit", and stating that I was 3 months behind on rent and that we dont want you or the unit in here, that you are going to have to remove it. I said to him, you know what, you have done the same thing to John, the retired school teacher that i tried to buy his unit from him, and you told him the same thing, that he had to remove it, and I couldnt buy it and keep it their. I responded and told him that you are just trying to screw me like you screwed them. He said, and I quote "Your damn right I am screwing you, and I am damn good at it." The neighbor across the street that bought a mobile, and has only lived their maybe 45 days, heard all this while drinking her coffee, and almost choked on it when she heard him, not only admit that he was screwing me, but that he is damn good at it. My mother who was also on the phone with me also heard this.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page. Have you talked to an ID lawyer about this?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Ye hold on please

Submitted: 7 months ago.Category: Consumer Protection Law
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Customer reply replied 7 months ago
I called Myrtle on Monday the 30th of October to tell her about what had happened with Mike the previous day, not like she didnt already know. Her response was that she will have to talk with the owner about what he wants to do about it, and that she will have to get back to me. I told her I would like to speak with the owner myself, could you please have him call me. She said that she would and would talk to him and call me back, this was at 9:30am. I have also asked for the owners phone number several times in the past and have yet to get to get his number. I called her back at 3:00pm or so, and asked if she had spoken with him. She told me that she did, and she wants to just get this issue resolved and taken care of, that this is how its going to work. I said okay I am all ears, she began explaining that she will write a letter to me explaining what needs to be fixed before anyone can move in and that the new owners will also have to sign it and agree to the terms of the sell, or they would not be approved to buy it. I said okay what is it. She told me,she had to type up the letter , that she has not had the time. That i could come by the office and talk with her about it, and we can go from their. I met her at the office around 3:45pm Monday afternoon, where she began explaning to me these ridiculous terms of the sell for potential buyers. She also asked when i was their, if I had a copy of the Bill of Sale, I told her that i could not find it, because of all the moving I have had to do before and after the hurricane. She said I okay well I will give yu a copy. She gave me a copy of a bill of sale, that is not accurate to the bill of sale she gave me on April 7th 2016. It shows an 11 year difference of the age of the mobile home, as well as a totally different make and model, as well as a different length of the mobile/rv. It was the first time I have ever seen this bill of sale she have me a copy of, and the signature at the bottom is not my signature, it has been forged. The last thing she said to me when i left the office that day is, she dose not want to loose her job over this deal, I said If you dont want to loose your job, then maybe you shouldn't let Mike have any contact with tenants.
Customer reply replied 7 months ago
Later that day before i met with Myrtle, I received a phone call from a gentleman that came to Florida from Puerto Rico, with his wife because of the Hurricanes. He told me his age and situation, that he has a job with Amazon, and his wife is a registered nurse, and that they have a son who is in Peurto Rico at the moment, but may also move over if they find a place, is it possible that they can see the place tonight at 7pm. I said I can check with the park manager, she has told me no one will be approved if they have children that are going to live there, but i could check to see if they will make an exception. So I called Myrtle and explained the potential buyers situation, and she said yeah they called earlier today, and I told them that we didnt have anything in the park for sell at the moment, that she didnt know what they were talking about, that we can talk about it when I meet with her later. Just another attemt by them to block my sale. So i said okay Myrtle, yes will talk about it when I see you later. She has also received other phone calls from potential buyers and has told them the same thing, that no, they have nothing for sale in the park at this time. after meeting with Mytrle later that day, she explained to me to go ahead and show them the unit, and to have them make an appointment with her to come meet her, if they are intrested. I said okay will do. I texted the potential buyer about what Myrtle had said, and that i can meet him tonight at 7 to show him and his wife. He tried to call me back about an hour or so later, and I did not hear the phone, so he called the park again, and said that he received a text from me saying that Myrtle said they could see the unit, and once again Myrtle told them that she did not know what they were talking about, that they have no units in their for sale. It has just been one thing after another with trying to sell this unit, because Mike & Myrtle are involved and are blocking my sell, and intentionally turning all potential buyers away.
Answered in 23 minutes by:
11/7/2017
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 125,313
Experience: Attorney experienced in commercial litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Based on your claims, you would need to sue him for breach of contract and for refusal to reasonably approve buyers in an attempt to force you to leave your unit to them so they can make a gain. You can sue the lot, but you would need to prove that you were able to pay the rent due, but have not done so because they are in breach in harassing you and refusing to reasonably approve potential buyers, which they are not allowed to do. They are allowed to REASONABLY review prospective buyers, but they cannot just refuse buyers without good cause and unreasonably.

I would suggest using a local attorney to sue them, since FL courts really are not friendly to pro se litigants, but you have grounds to sue them.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 7 months ago
I do believe i now know why they are trying to block my sell. They have sold me a unit they dont have the legal title to sell. They gave me a Bill Of Sale in April of 2017, that describes a 1974 Rocket 32 feet long. The title that was put in the manilla envelope in Decmber, that I filed away and never opened and I finally located just a few days ago, is actually a Title to a 1984 35 ft. Mallard Coach Motor Home, and even has a odometer reading on the title that was left blank. So yes they have screwed me, and now I cant sell the mobile home, because their is absolutely no engine In the unit they sold me. Its not even close to what I bought from them. They absolutely did screw me, admitted it to me, my neighbors and my mother who was in the phone with me at the time, and bragged about "how good he is at screwing me"! So my question is what can I do. I know I can sue them. What do I need to do. This is fraud, and they have admitted that they are screwing me. I am just perplexed, that someone would actually not only admit it, but brag about it. Sorry if this was a long explanation, i felt it was impearotive to get all the facts.
Customer reply replied 7 months ago
They commited fraud. Its not about the rent. Its about the fact that they sold me a unit they didnt have title to, and provided me a title to a Motor Home, not a mobile home.
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

Did you read my response to you above? Your recourse is suing them, that is what you can do, the DA is not going to take criminal charges because they will claim it is a civil contract issue.

You can sue for breach and also, if you can prove his history about this, you can claim fraud AND unfair and deceptive business practices which would allow you to seek up to triple damages plus attorney's fees.

However, it is a civil case and you would need to take this one to court and sue to get the damages you do appear to be entitled to based on your statements above.

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Customer reply replied 7 months ago
I read your response, and thank you. But they have forged my signature, on another bill of sale, as well as provide a title to a vehicle, not a mobile home.
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

You can bring this forgery and fraud to the police/DA and discuss it with them, but as I said, the DA in these cases almost always will send you to civil court to resolve this dispute. Forgery/fraud/breach of contract/unfair and deceptive practices are all civil claims that can be sued over.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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