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JBaxLaw
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Category: Real Estate Law
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how do i file a lien in the state of texas on money owed to

Customer Question

how do i file a lien in the state of texas on money owed to me from previous property tennant that left his mobile home there and is gone.Now i have stored his mobile home (which now has been repo'd) and now belongs to a financial institution.they are wanting to sell me the house thru a broker that i have to pay for at a high price.i would like to purchase the home but also am owed back payment from previous land tennant.i dont want to file lien on home but do think that "there" home is on my property,and i am already out considerable money.and would just like a fair deal instead of just being run over and letting them come remove the mobile from property.i was told i can file a lien against title of mobile at court house but have yet to find on tarrant counties web page as to how to proceed with this.
Submitted: 8 years ago.
Category: Real Estate Law
Expert:  JBaxLaw replied 8 years ago.

Dear Sir or Madam,

 

In Texas, as the property owner you may declare the manufactured home abandoned after properly noticing the owner and lienholders. Prior to taking this action the home must have been abandoned for four months and indebtedness secured by the manufactured must be delinquent. If you have not taken this action, do so now. In the instance that the lienholders fail to follow through with their current course of action this will provide you with recourse. If the owner or lienholders fail to remove the home in 45 days from the postmark date on the notice, then all liens are extinguished and as the property owner you may apply with the State of Texas for a statement of ownership.

The notice is available at: www.tdhca.state.tx.us/mh/docs/1072-AbandonedHomeNotice.doc

 

The pertinent law follows:

 

Texas Occupation Code § 1201.217. MANUFACTURED HOME ABANDONED. (a) The owner
of real property on which a manufactured home owned by another is
located may declare the home abandoned as provided by this section
if the home has been continuously unoccupied for at least four
months and any indebtedness secured by the manufactured home is
also delinquent.
(b) Before declaring a manufactured home abandoned, the
owner of real property on which the home is located must send a
notice of intent to declare the home abandoned to the owner of the
home and all lienholders at the addresses listed on the home's
statement of ownership and location on file with the department.
Mailing of the notice by certified mail, return receipt requested,
postage prepaid, to the persons required to be notified by this
subsection constitutes conclusive proof of compliance with this
subsection.
(c) On receipt of a notice of intent to declare a
manufactured home abandoned, the owner of the home or a lienholder
may enter the real property on which the home is located to remove
the home.
(d) If the manufactured home remains on the real property
for at least 45 days after the date the notice is postmarked:
(1) all liens on the home are extinguished; and
(2) the real property owner may declare the home
abandoned and may apply to the department for a statement of
ownership and location listing the real property owner as the owner
of the manufactured home.
(e) A new statement of ownership and location issued by the
department under this section transfers, free of any liens, if
there is evidence of United States Postal Service return receipt
from all lienholders, title to the manufactured home to the real
property owner.

Added by Acts 2005, 79th Leg., ch. 1284, § 17, eff. June 18,
2005.

You may be able to recover other costs, but you will need to speak with an attorney in your area regarding this. Negotiating with the lien repossessing party is an option. If a clear reasonable offer is made they may accept as used manufactured homes tend to depreciate. Make your offer in writing and address it to management of the company.

 

Respectfully,

 

Bane