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  1. #1
    Join Date
    May 2006
    Location
    Hillsborough, NC
    Posts
    2

    Unhappy What To Do With An Abandoned Mobile Home

    I manage a Mobile Home Park in NC.

    One of the mobile homes was purchased by a man for his daughter, but she never moved into it. He has been paying the lot rent for several years and left the trailer there.

    In march he did not pay his lot rent. In april I filed summary ejectment papers. I was granted possession of the lot and filed eviction. The sheriff came for eviction. Under the landlord tenant law after 21 days the mobile home is considered abandoned. Last week was the 21st day.

    I have been trying to get in touch with the gentleman throughout this process and have found all phone numbers in the file disconnected and have had no reply from any letters mailed.

    I am to the point now that I don't know how to proceed. Can I get the title to the mobile home as payment for monies owed? can I have it moved? Do I contact the DMV or the courts?

    Any advice would be appreciated.

    Thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,656

    Default Re: NC Abandoned Mobile Home

    I think the statutes you are looking for are these:
    Quote Quoting North Carolina General Statute Excerpts
    Section 42-25(9)(g)
    (g) Ten days after being placed in lawful possession by execution of a writ of possession, a landlord may throw away, dispose of, or sell all items of personal property remaining on the premises, except that in the case of the lease of a space for a manufactured home as defined in G.S. 143‑143.9(6), G.S. 44A‑2(e2) shall apply to the disposition of a manufactured home with a current value in excess of five hundred dollars ($500.00) and its contents by a landlord after being placed in lawful possession by execution of a writ of possession. During the 10‑day period after being placed in lawful possession by execution of a writ of possession, a landlord may move for storage purposes, but shall not throw away, dispose of, or sell any items of personal property remaining on the premises unless otherwise provided for in this Chapter. Upon the tenant's request prior to the expiration of the 10‑day period, the landlord shall release possession of the property to the tenant during regular business hours or at a time agreed upon. If the landlord elects to sell the property at public or private sale, the landlord shall give written notice to the tenant by first‑class mail to the tenant's last known address at least seven days prior to the day of the sale. The seven‑day notice of sale may run concurrently with the 10‑day period which allows the tenant to request possession of the property. The written notice shall state the date, time, and place of the sale, and that any surplus of proceeds from the sale, after payment of unpaid rents, damages, storage fees, and sale costs, shall be disbursed to the tenant, upon request, with 10 days after the sale, and will thereafter be delivered to he government of the county in which the rental property is located. Upon the tenant's request prior to the day of sale, the landlord shall release possession of the property to the tenant during regular business hours or at a time agreed upon. The landlord may apply the proceeds of the sale to the unpaid rents, damages, storage fees, and sale costs. Any surplus from the sale shall be disbursed to the tenant, upon request, within 10 days of the sale and shall thereafter be delivered to the government of the county in which the rental property is located.

    Section 44-A2(e2)

    Any lessor of a space for a manufactured home as defined in G.S. 143‑143.9(6) has a lien on all furniture, furnishings, and other personal property including the manufactured home titled in the name of the tenant if (i) the manufactured home remains on the demised premises 21 days after the lessor is placed in lawful possession by writ of possession and (ii) the lessor has a lawful claim for damages against the tenant. If the lessor has received a judgment for possession of the premises which has been executed, then all property remaining on the premises may be removed and placed in storage. Prior to the expiration of the 21‑day period, the landlord shall release possession of the personal property and manufactured home to the tenant during regular business hours or at a time mutually agreed upon. This lien shall be for the amount of any rents which were due the lessor at the time the tenant vacated the premises and for the time, up to 60 days, from the vacating of the premises to the date of sale; and for any sums necessary to repair damages to the premises caused by the tenant, normal wear and tear excepted; and for reasonable costs and expenses of the sale. The lien created by this subsection shall be enforced by public sale under G.S. 44A‑4(e). The landlord may begin the advertisement for sale process immediately upon execution of the writ of possession by the sheriff, but may not conduct the sale until the lien has attached. This lien shall not have any priority over any security interest in the property that is perfected at the time the lessor acquires this lien. The lessor shall not have a lien under this subsection if there is an agreement between the lessor or the lessor's agent and the tenant that the lessor shall not have a lien.

  3. #3
    Join Date
    May 2006
    Location
    Hillsborough, NC
    Posts
    2

    Smile Re: What To Do With An Abandoned Mobile Home

    Thanks for your help. I have contacted the sheriff and recieved the necessary paperwork to proceed with a sale.

    Katherine

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