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  1. #1
    Join Date
    Sep 2017
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    Default Eviction of a Mobile Home Tenant Whose Home is Owned by the Bank

    My question involves landlord-tenant law in the State of: N.C. We own a mobile home park and only rent spaces. The tenant died, no estate opened and an out of state bank lein on home but bank will not contact us. I've completed dmv form 260 and summary ejectment on deceased. In process of writ of possession. What rights does the writ allow us when home is owned by a bank?

  2. #2
    Join Date
    Mar 2013
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    17,054

    Default Re: Eviction of a Mobile Home Tenant Whose Home is Owned by the Bank

    No more, no less, than the rights you would have if it wasn't owned by the bank.

    By the way, unless and until the bank repossesses the MH, the bank doesn't own it, the estate of the deceased owns it and it's the estate that you deal with.

    If there is no probate and the bank has not repossessed it, then you might have to treat it as abandoned.

    You would be wise to consult an attorney about all this.

  3. #3
    Join Date
    Sep 2017
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    3

    Default Re: Eviction of a Mobile Home Tenant Whose Home is Owned by the Bank

    The family of deceased will not proceed with estate. Also bank has now contacted us after several months. Should we consider completing writ of possession or just negotiate with bank on storage/lot rent, late fees and lawn service fees during growing season and process from this point forward.

  4. #4
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    Mar 2013
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    17,054

    Default Re: Eviction of a Mobile Home Tenant Whose Home is Owned by the Bank

    Quote Quoting Marcoh
    View Post
    The family of deceased will not proceed with estate. Also bank has now contacted us after several months. Should we consider completing writ of possession or just negotiate with bank on storage/lot rent, late fees and lawn service fees during growing season and process from this point forward.
    That's up to you.

    If you want it out of there or you want to keep it I doubt if the bank will give you any money, if that's what you are thinking.

  5. #5
    Join Date
    Sep 2017
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    3

    Default Re: Eviction of a Mobile Home Tenant Whose Home is Owned by the Bank

    Thanks for you time!

  6. #6
    Join Date
    Sep 2005
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    98,846

    Default Re: Eviction of a Mobile Home Tenant Whose Home is Owned by the Bank

    Banks are usually more communicative in these situations. They will often negotiate a discounted lot rate in order to avoid the damage to the home from its being removed from the lot as the result of eviction. After taking ownership, they will often work with landlords who are willing to act as sales agents for the home, or give the landlord a good deal to purchase the home.

    As the bank is now in contact, see what they're offering.

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