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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I bought a mobile home and moved it to a trailer park. Gave

Customer Question

I bought a mobile home and moved it to a trailer park. Gave it to my daughter. She never paid the 220 a month lot rent. She moved out and the trailer is still at the trailer park. I've had it sold to 3 different people but the property owner won't let me sell until all back rent is paid. My daughter is the only one who signed papers. What do I do?
Submitted: 11 months ago.
Category: Legal
Expert:  CalAttorney2 replied 11 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Customer: replied 11 months ago.
Btw....the trailer is still in my name and my daughter vandalized it, so I was just going to sell it for $500. It's not worth anything really.
Expert:  CalAttorney2 replied 11 months ago.

I am sorry to learn of this situation.

Unfortunately, the park has what is basically a "lien" against your trailer that prevents you from selling it until the lot rent is paid. It does not matter whether your daughter pays it, you pay it, or the new buyer pays it - someone has to pay the park for having the trailer on their property.

You can try to negotiate with the park to agree to a reduced payment amount (they have no obligation to accept this and it can continue to hold up the sale of your trailer, and/or allow them to actually foreclose on your trailer and force a sale of it), but this takes a lot of time and money, so they may be willing to work with you to at least reduce the claim a little bit.

If you do get them to agree to a reduction, you should get any such agreement in writing.

Your daughter is going to be liable to you for any money that you have to pay on her behalf to compensate you for this. (This is going to be in small claims court).

Expert:  CalAttorney2 replied 11 months ago.

If the vandalism that your daughter did was on the exterior (or if she caused the trailer to look neglected/dilapidated), the park may be willing to reduce their claim simply to allow you to move it because it is in their best interest to have the trailer either repaired or removed from the park.

Expert:  CalAttorney2 replied 11 months ago.

(Also - if she is still on title, make sure that she signs the title over to your new buyer when you finalize the sale. If she does not, this creates additional problems for you when the new buyer is unable to register the title for the trailer).

Customer: replied 11 months ago.
I offered to give the trailer to the owner of the trailer park. He said he didn't want it either. I don't want it at all. So he can take me to court, since it's in my name?
Customer: replied 11 months ago.
There is no way to move it for less than $5000. I can't move it.
Expert:  CalAttorney2 replied 11 months ago.

I am a little confused as to the park's position - they don't want the trailer there, you have offers to have the trailer sold, but they are blocking those - so does he have an alternative plan to deal with this?

Ultimately, you are going to be responsible for this property (I assume that your daughter is not going to be financially solvent or capable of dealing with the matter). But in most cases the other party (the Park Management) should be more willing to work with you to reach a "mutually agreeable resolution" in order to resolve this situation.

Customer: replied 11 months ago.
The owner won't call me back. He keeps saying he want $4000, but the trailer has only been there 13 months. That would only be $2,860. So I have no idea what he's trying to do. I thank you. I guess I will just let him take me or my daughter to court.
Expert:  CalAttorney2 replied 11 months ago.

Short of allowing this to go into a lawsuit (which really isn't going to resolve the problem with the trailer sitting on the park), you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.