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I own a mobile home park. A lady abandoned her mobile home…

I own a mobile...

I own a mobile home park. A lady abandoned her mobile home August of 2016. I believe there are no mortgage on the trailer. I would like to repossess the trailer for the lot fees and late charges for the last 11 months.

Lawyer's Assistant: What state is this in? And how old is the mobile home?

Texas I think the trailer is 15-20 years old.

Lawyer's Assistant: Has anything been filed or reported?

No

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Answered in 9 minutes by:
6/17/2017
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,467
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome to JA and thank you for your question. I am the Attorney that will be assisting you. Where in Texas is the park located? What does your lease state with regard to abandoned mobile homes?

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Customer reply replied 11 months ago
My lease doesn't address it. It is not n Tyler county.
Customer reply replied 11 months ago
It is in the glee county

Thank you for the clarification. It is still abandoned so the law of the State takes over when the lease is silent. One moment please.

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This the law that applies:

"Texas Occupations Code - OCC § 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:

(1) the home has been continuously unoccupied for at least four months;  and

(2) any indebtedness secured by the home or related to a lease agreement between the owner of the real property and the owner of the home is considered 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 record owner of the home, all lienholders at the addresses listed on the home's statement of ownership and location on file with the department, the tax collector for each taxing unit that imposes ad valorem taxes on the real property where the home is located, and any intervening owners of liens or equitable interests.  The notice must include the address where the home is currently located.  If the person giving such notice knows that a person to whom the notice is being given no longer resides and is no longer receiving mail at a known address, a reasonable effort shall be made to locate the person and give the person notice at an address where the person is receiving mail.  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 record owner of the home, a lienholder, a tax assessor-collector for a taxing unit that imposes ad valorem taxes on the real property on which the home is located, or an intervening owner of a lien or equitable interest may enter the real property on which the home is located to remove the home.  The real property owner must disclose to the record owner, lienholder, tax assessor-collector, or intervening owner seeking to remove the home the location of the home and grant the person reasonable access to the home.  A person removing a home is responsible to the real property owner for any damage to the real property resulting from the removal of 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.

(f) This section does not apply if the person who owns the real property on which the manufactured home is located and who is declaring that the home is abandoned, or any person who is related to or affiliated with that person, has now, or has ever owned, an interest in the manufactured home."

http://codes.findlaw.com/tx/occupations-code/occ-sect-1201-217.html#sthash.vAunsr9z.dpuf

Now I will set out the process is pain English. One moment please.

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Once you send the notice I provided above you wait 45 days to declare the Home to be abandoned. After 45 days you will apply to the "Texas Department of Housing and Community Affairs, Manufactured Housing Division, for a Statement of Ownership and Location with respect to the home, reflecting me to be the owner of the Home, free and clear of any liens, all in accordance with Tex. Occ. Code, §1201.217 " https://www.tdhca.state.tx.us/mh/docs/1072-AbandonedHomeNotice.pdf

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This is the link to contact for the Statement of Ownership Location

https://www.tdhca.state.tx.us/mh/ownership-location.htm

This link sets out the steps https://www.tdhca.state.tx.us/mh/docs/1037-applysol.pdf

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.
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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,467
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
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Thank you very much. Enjoy the mobile home!

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Attyadvisor
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