Need Advice On Putting A Lien On A Trailer


#1

Friends -

I’ve been having problems getting an owner of a mobile home in our park to pay rent. She was sub-letting to a renter who skipped out on both of us. Now the trailer owner is not returning my calls and there is someone new in the trailer claiming she’s purchased it from the former owner (although the new ‘owner’ has not filled out an application with us).

So I’m tired of playing games and need to move forward with putting a lien on the trailer (and evicting this new renter unless she fills out an application and pays the back rent). One catch: I do not know the VIN number of the trailer. I’m not even sure what government bureaucracy I would deal with to file the lien (the tax department, I suppose…) So how do I proceed?

Many thanks,

-Jefferson-


#2

Since I do not know the laws in your area, let me take a shot at how one might approach this.

If this new person is claiming ownership, GREAT! Serve them with the notice (in our area it is 10 day notice to pay or quit) for the rent owed. You might bluff them by adding the entire amount owed. This will likely get them to contact the former owner/seller to work things out with you.

Again, your state laws will dictate the process but the lien process may not really help you collect that rent for a very long time if at all. Yes, you might get the home but by negotiating the way I am leaning, you might get the home or the rent.

Just a thought.

Tony


#3

Jefferson,

Tony is pretty much correct. In Oklahoma you have to go through what is called Title 42 possessory Lien process. It is not a real easy process and requires you to hold an auction on the mobile home to recover your money. If no one bids you can then get a title to the home though.

You can find the paperwork under Packet 752 (about a quarter of the way down) at:

http://www.tax.ok.gov/mvforms1.html

If you are the title holder you can use a different lien or if it was real property you could use a mechanics lien. But from what you mentioned I think this is the only way to do a lien.

Jad


#4

If it turns out that you have an abandoned home on your hands, and you don’t have a serial #, here is how to get this info: on hitch end of home at the bulkhead section of frame, will be a serial # stamped into the steel. You may not be able to read it if rusty, if this is the caseget a can of white spray paint and spray over the area of numbers, sand area - voila! numbers appear, copy these numbers and go to dmv and get to work…I don’t know your state requirement, but for $100 NADA will sell you a guide that outlines all titling procedures for all 50 states.