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  1. #1
    Join Date
    Sep 2016
    Posts
    2

    Default Eviction Case Filed by Seller of Our Mobile Home

    My question involves landlord-tenant law in the State of: Georgia. My sister and I were served an eviction notice and we have a hearing in Magistrate court scheduled for October 19, 2016. We have lived in the mobile home since December 1st, 2015 and maintained a current lease on the lot with the owners of the mobile home park since then. We purchased the home from the Plaintiff on February 28th, 2016. Paid him in cash and he gave us the signed title and skipped town without giving us a receipt. We have been unable to locate him since 2-28-15. All of a sudden he has filed an eviction notice on us stating we owe him over five thousand dollars in back rent when we never had a conversation about renting, nor did we sign any kind of rental agreement with Plaintiff. There were two witnesses of the cash sale in person. Plaintiff has never had a lease agreement on the home for the rented lot. Also, our lease agreement with the park owner states that anyone wishing to sub-lease a homer in the park must have written consent from the park owner, which Plaintiff does not have. What is my best line of defense in court to prove ownership? We filed statements with the clerk of court denying we owe plaintiff any money and why. Please help??? We have made many improvements to the home.

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: My Best Defense in Magistrate Court when Plaintiff Sold Me the Home with No Recei

    Wait, did he sign over the title to the mobile home? If that's the case, it sounds like he doesn't have a mobile home to rent to you.

    Are you sure the plaintiff and the guy you gave the money to are the same person, you've physically seen both and they are the same?

  3. #3
    Join Date
    Sep 2016
    Posts
    2

    Default Re: My Best Defense in Magistrate Court when Plaintiff Sold Me the Home with No Recei

    Quote Quoting free9man
    View Post
    Wait, did he sign over the title to the mobile home? If that's the case, it sounds like he doesn't have a mobile home to rent to you.

    Are you sure the plaintiff and the guy you gave the money to are the same person, you've physically seen both and they are the same?
    Actually he was flipping the house to us and gave us the signed title of the person he got it from. Only one thing I failed to mention. When we moved in December 1st, the home needed major repairs to be livable. So he agreed to allow my sister to take out a loan at her bank for the repairs until we could pay in full. Now when they went to the bank they both signed the back of the title as purchasers but she was unable to get the loan so we paid cash for the repairs. So we kept the title as the plaintiff told us to until we could pay him off in February and he would go with us to fix the title at that time. We paid him off in February and he disappeared on us until now. We have had no communication or contact with him since then. Yes, the name of plaintiff is the same name of person we bought it from.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: My Best Defense in Magistrate Court when Plaintiff Sold Me the Home with No Recei

    That's a convoluted story but I don't think it has anything to do with ownership.

    Did you get the mobile home retitled into your own name after you gave him the cash for it?

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: My Best Defense in Magistrate Court when Plaintiff Sold Me the Home with No Recei

    Quote Quoting adjusterjack
    View Post
    That's a convoluted story but I don't think it has anything to do with ownership.

    Did you get the mobile home retitled into your own name after you gave him the cash for it?
    And if you did not, why didn't you?

  6. #6
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: My Best Defense in Magistrate Court when Plaintiff Sold Me the Home with No Recei

    "nor did we sign any kind of rental agreement with Plaintiff."

    If this person is claiming you owe him back rent he has to prove that you two had some sort of rental agreement with him.

    And yes; hopefully you have retitled the mobile home in your name.

    Gail

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