I own a MHP where I evicted the tenant for non payment of rent and she surrendered the MH for overdue rent. Turns out that she didn’t own the MH. Her husband died 2 years ago and someone was to sign over the title to him, however that person died last year. I now have to locate the son who inherited the MH, but wanted to know if I have legal ground to place a lein on it, since its been in the MHP for over 10 years and rent owed? Would I go to DMV to place Notice of Lein? I wanted to check her first before deciding on an attorney.
It is not clear what are trying to achieve and why you would want to put a lien on the home. I assume that your objective is that you would prefer to own the home. If that is the case, you follow the abandoned home process, but you do not need to file a lien for that. Check the laws and ordinances for abandoned property in your state, which are usually published online.
If you cannot find it, either higher an attorney or contact somebody who specializes in obtaining titles for abandoned vehicles.
I’m trying to locate the heir who was friends of the family to see if he will still proceed with his father’s wishes, but wanted to put a lein on it should he decide to sell or move it and I’ve lost out on the rent
Ok, you are undertaking a route that is in your personal interest, but opposite of business interests. If somebody abandoned a home on most owners’ land, I do not think they would consider the deceased homeowner’s wishes - in fact they would have no knowledge of that. They would simply move forward with the abandoned home title process.
There are processes to file mechanics liens or innkeepers lines depending on state, but again, these are intermediate steps for the pursuit of taking title to the abandoned property.
If you want to file a lien that would prevent a title transfer, you would have to file the lien when the title is filed.
I suppose you could take title to the home in an abandoned title process, then transfer the title back to the deceased owner and file a lien on it in the process but that seems to be a very odd route to take.
1 Like