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I got a judgment against a person in my mobile home park.

Customer Question
I got a judgment...

I got a judgment against a person in my mobile home park. Now I want to put a lien against their mobile home. How do I do this?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

West Virginia

Lawyer's Assistant: Has any paperwork been filed?

That's what I am asking. What paperwork do I file. There is a judgment.

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 1 hour by:
9/14/2017
Real Estate Lawyer: Roy Hadavi,
 replied 5 months ago
Roy Hadavi
Category: Real Estate Law
Satisfied Customers: 1,107
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Roy Hadavi,
 replied 5 months ago

A lien is automatically created against the defendant's property in the county in which the judgement was granted.

For any of the defendant's property located in another county, you will need to file an abstract of judgement with the clerk of that county.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 5 months ago
I'm sorry. This was not helpful at all.
Real Estate Lawyer: Roy Hadavi,
 replied 5 months ago

Okay. I would be happy to continue assisting you. As I mentioned, there is no additional fee for additional questions.

How can I be more helpful?

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Customer reply replied 5 months ago
To say a lien has been automatically created just isn't correct. This person has a mobile home on my lot. They failed to pay rent and I got a judgment against them. To collect I would like to place a lien against the mobile home. If there were an automatic lien then the title to the mobile home would now show that. I have to take steps to place that lien. I want to know what those steps are.
Real Estate Lawyer: Maverick, Lawyer replied 5 months ago
Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6,426
Experience: 20 years professional experience
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Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review and research your inquiry. Thank you for your patience.

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Real Estate Lawyer: Maverick, Lawyer replied 5 months ago

Here is the body of law that answers your question. Specifically look at §17A-4A-9. Levy of execution, etc.

It states in relevant part:

For any vehicle as to which an involuntary lien has been reported and noted by the department and for which there has been no report of release or satisfaction by the levying or seizing officer, if application be made for the transfer of title thereto or issuance of new certificate of title therefor to the current registered owner or to someone claiming by assignment of title certificate from such registered owner or if application be made pursuant to the provisions of this article for the endorsement upon the certificate of title to such vehicle of a lien or encumbrance created by the voluntary act of the owner and the issuance of a new certificate of title showing the same, such involuntary lien, for which the department's records show no report of satisfaction or release, and the information furnished in the officer's report thereof together with the date, hour and minute of receipt of such report shall be endorsed upon such new certificate of title issued pursuant to any of such applications.

So, basically you will need to apply to have a lien reflected on the certificate of title by using your court ordered judgment.

The closest form that I found is for a subsequent voluntary lien. See here. You will need to show the law that I cited to the DMV and ask for a form to place an involuntary lien.

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Real Estate Lawyer: Maverick, Lawyer replied 5 months ago

P.S. if the DMV tells you there is no form, it means that they want you to actually first try to levy on the mobile home as stated under the first part of Section 17A-4A-9.

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Maverick
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