Hello,
During the eviction process in NC, once the writ of possession is issued, there is a 21 day waiting period before sale of the property. During that period do we have to allow them to move their home if they try to. How does one put a lien on the trailer title and can this be done to protect my judgement and hopefully disuade them from moving the trailer out by selling it to someone else? Is there anything else that should be done during this timeframe?
thanks in advance
If I remember correctly, in NC, we cannot put a lien on a mobile home. I might still have the info on that in my computer files. I’m not managing the park anymore because it got sold, but I’m still checking in here once in awhile. In the purchase agreements, they weren’t supposed to take their homes out for several years. I was told that someone did take their home out years ago, without telling anyone and messed up some connections. I don’t remember what the owner would’ve currently done if someone tried that. But I think their main concern was that they didn’t break things in the process.
The DMV title has a section for liens and sign off, so the option is there, but unsure if a landlord can place a lein or is that just for lenders.
Yes, there is a section on the title to put a lien on the mobile home, but I am almost certain it’s for lenders only because in NC you can’t put a judgement lien on personal property. I wish it was that easy by filling out that lienholders little box on the back of the title to secure monies owed and stop the sale to someone else, but unfortunately that’s not the case in NC. Plus, it’s not really an option because MHC do not possess the titles of TOH, so the homeowner would have to be a willing participate by providing you with it to fill out the lienholder section and then bring it to the DMV themselves and pay to get the title reissued.
I don’t know about you, but most of my evictions, vacate the home once they receive notice of their WRIT date, and abandon it, or like your fear, sell it to someone else who is unaware of the situation. I have had this happen on many occasions but never have they moved the home they just move into it and then call to find out how they pay lot rent!
To answer your initial question, per the NC General Statue - “Prior to the expiration of the 21-day period, the landlord shall release possession of the personal property and manufactured home to the tenant during regular business hours or at a time mutually agreed upon.”
So, in order to recoup your judgment it appears you would have to proceed with the sale and hope you get enough to satisfy monies owed, and i guess if it doesn’t you can take it a step further and research if they have their name tied to any real property and put a lien on that. I’m sure there are other avenues as well but I’m unfamiliar with.
I have known MHC managers/owners tell the new owners of the home, once they are community approved to live in there, they will be obligated to pay the previous owners past due lot rent in order to sign a lease and live there. I don’t know if this is legal or not, I have done some research and cant seem to find a definitive answer other than its a common practice.
Hope this helps.