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  1. #1
    Join Date
    Sep 2005
    Location
    Illinois
    Posts
    3

    Default Bought Mobile Home, Previous Owner Left Personal Property

    I live in Illinois.

    I purchased a Mobile Home and the Title was put into my name on July 8, 2004. The previous Owner left Personal Property in the Shed. It is now September of 2005 and I've never been contacted by the Previous Owners regarding this Personal Property. On July 5th, 2005 I sent them a RRR Letter telling them that they had 14 days upon recieving the RR Letter to contact me regarding this Personal Property. They signed for the RRR Letter on July 7th, 2005. I also included in the RRR Letter that if after another 10 days, after the Original 14 Days had passed, that if they contacted me, I would place a Chattel Lien on the Personal Property.

    The period in the RRR Letter expired on August 2, 2005. It is now Sept 11, 2005, over a month has passed. It has been 14 Months since I bought the Mobile Home and have never been contacted about the Personal Property. Even after sending them a RRR Letter and they signed for it, I've still not been contacted by them.

    Am I in the clear to Dispose of this Personal Property in whatever manner I see fit?

    Thank You

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Abandoned Property

    You may wish to contact the local police department (of course, not by the 911 line) and ask their policies on abandoned property. You may also wish to review the Illinois law of lost property, which provides in part:
    Quote Quoting Illinois Law of Lost Property
    765 ILCS 1020/27

    Sec. 27. If any person or persons find any lost goods, money, bank notes, or other choses in action, of any description whatever, such person or persons shall inform the owner thereof, if known, and shall make restitution of the same, without any compensation whatever, except such compensation as shall be voluntarily given on the part of the owner. If the owner is unknown and if such property found is of the value of $100 or upwards, the finder or finders shall, within 5 days after such finding file in the circuit court of the county, an affidavit of the description thereof, the time and place when and where the same was found, that no alteration has been made in the appearance thereof since the finding of the same, that the owner thereof is unknown to the affiant and that the affiant has not secreted, withheld or disposed of any part thereof. The court shall enter an order stating the value of the property found as near as the court can ascertain. A certified copy of such order and the affidavit of the finder shall, within 10 days after the order was entered, be transmitted to the county clerk to be recorded in his estray book, and filed in the office of the county clerk.

    If any property found consists of perishable goods, the court shall, at the time the finder presents the affidavit, order that the property be sold at public auction to the highest bidder. The court in the order shall provide for the giving of reasonable notice of the time and place of such sale. The court shall conduct or supervise such sale and shall enter in the order the amount received from the sale which entry shall be included in the certified copy to be transmitted to the county clerk. The proceeds of the sale, after deducting costs and other expenses shall be turned over to the finder. The finder shall hold such proceeds in lieu of the goods for the owner of the goods sold and shall give such proceeds, after deducting his expenses, to such owner, if the owner claims the same within the time provided by Section 28.
    (Source: P.A. 83‑376.)

    765 ILCS 1020/28


    Sec. 28. In all cases where such lost goods, money, bank notes or other choses in action shall not exceed the sum of $100 in value and the owner thereof is unknown, the finder shall advertise the same at the court house, and if the owner does not claim such money, goods, bank notes or other choses in action within 6 months from the time of such advertisement, the ownership of such property shall vest in the finder and the court shall enter an order to that effect.

    If the value thereof exceeds the sum of $100, the county clerk, within 20 days after receiving the certified copy of the court's order shall cause a notice thereof to be published for 3 weeks successively in some public newspaper printed in this county and if the owner of such goods, money, bank notes, or other choses in action does not claim the same and pay the finder's charges and expenses within one year after the advertisement thereof as aforesaid, the ownership of such property shall vest in the finder and the court shall enter an order to that effect.

  3. #3
    Join Date
    Sep 2005
    Location
    Illinois
    Posts
    3

    Default

    Also, I forgot to mention, that in the RRR Letter, I told them that if after the second period of 10 Days, if I had not heard from them, that they would be agreeing to give up/forfiet any and all rights to this Personal Property. Does that make a difference?

    I had contacted 3 differnet Real Estate Lawyers before I wrote the RRR Letter. They told me what I should include in the RRR Letter. I followed what they had told me to do.

    Since they signed for the RRR Letter, I presume they had read it. Since they know where I live, obviously, I even included the Address just to make sure and they never contacted me, doesn't that make a differnece? I had also included my Telephone Number in the letter as well, so they can't say that they could't contact me.

  4. #4
    Join Date
    Sep 2005
    Location
    Illinois
    Posts
    3

    Default

    Most of what I've read, talks about if the Owner of the Personal Property is "Unknown". Since I have records of the Owner being "Known" and records of the Owner being contacted by me, doesn't that make a difference as well?

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