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I had someone living on my property in a mobile home they…

Customer Question
I had someone living...

I had someone living on my property in a mobile home they owned. I had them legally evicted They left the mobile home unable to move it. What are my legal rights to said mobile home

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

Yes central New York. She was served and ordered by judge to have trailer moved by November 21st

Lawyer's Assistant: Has any paperwork been filed?

Everything was filed. She was given all paperwork.

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

She was served a thirty day eviction in June, it went to court and the judge gave her thirty more days to remove her trailer and herself. I gave you wrong date. Judge ordered removed by October 27th

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
12/4/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 4 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 123,280
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and 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. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Since the judge gave her 30 days to remove the trailer and she did not, now you need to file a motion for an order to show cause for contempt of court and in that motion ask the court to award you ownership so that you may sell the trailer or remove it from your property and junk it. You send her a copy of the motion for contempt and you would return to court where the court in most cases will issue an order that you are the owner and then you take that to DMV and they will issue new title in your name and you can then sell it or do whatever you want with it.

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Customer reply replied 4 months ago
I would go to dmv if it’s a mobile home trailer?
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 4 months ago

Thank you for your reply.

Yes, mobile homes have titles issued by DMV, which prove ownership.

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Customer reply replied 4 months ago
Thank you
Customer reply replied 4 months ago
What she still owes money on trailer
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 4 months ago

Thank you for your reply.

Then you have to either pay off any liens if you want to keep it or you have to call the lien holder and tell them come and get it or you will file to vacate their lien or seek to charge them rent for it being on your property and then you would use a local attorney to pursue them to vacate the lien.

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Customer reply replied 4 months ago
Although she was evicted as of October 27th she was in trailer last week. What are my rights to keep her off property
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 4 months ago

Thank you for your reply.

She is trespassing, so you can call the police and show them the court order and have her arrested for trespassing. Also, you can add that into your motion for contempt I mentioned above and ask the court for a restraining order as well to keep her off the property.

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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