Hello All. Made my first Lonnie deal last month (11/2/07). The buyers moved their junk into the home, but never turned on the power, nor have they paid first month’s lot rent which was due when they moved in. They also didnt pay their home note which is due now.
I cannot contact them by the numbers they gave me, nor is the wife (the sole provider) returning my messages I left at her job. They have completely trashed the place. Trash, clothes, torn up carpet, dog feces, damaged bathroom wall all done in a months time. Its apparent that only the dog was actually living in there,…unattended for a while.
I have filed a suit with small claims court and having her served at her job since I dont know where they are. I do know that she’s working. What else can I do to get that garbage out of the home? Is the county eviction process my only choice,…which can take 45 days?
The contract states that if terms are defaulted, and they do not occupy the property for 10 days after delinquent payment,…that I can move their stuff out. Can I do this without getting in trouble myself? I want to get that mess out and repair the home so I can resell.
the abandonment, and “no pay for 10 days” that is in Lonnie’s note may not necesarily be in line with your state’s laws. The reason its there is more to ensure buyer compliance, than to tell them what you will do.
Check your state’s laws - unfortunately, yes you need to do an eviction. Ask the park if they will do it for the one unpaid month.
You may need to get possession throough replevin, THEN do the eviction - consult a local attorney.
best way is to bribe them - try to be the good guy, use higher power negotiating. go to her work.
i just went through the exact same scenario. what i did was to tell them i was going to bring over all of their belongings and dump them in the front yard of the place they are now occupying. i then called my attorney and he told me not to, so i sent them a letter giving them another 7 days to have everything moved or i was moving it and throwing it in the dumpster. the letter worked and they moved everything. if the place is abandoned in the state of PA it is much easier to get possession of the items in it. as the other people have posted it is much easier to bribe them out. lonnie deals are very lucrative, but i have learned you do have to take the lumps with all the gravy. good luck
I am in Georgia also, under Georgia law most judges give more power to the paperwork as long as you submit it into evidence. I am not sure about where you are at but if they had children call DFACS and let them see the home (if they will come). Cause them as much trouble as you can. We as landlords/investors should pursue ways to tighten the laws against people who screw us over and get away with it. If you steal a TV from Wal Mart guess what your going to jail; throw it to an RE investor/landlord its just a cost of doing business.
{Now stepping off soapbox}
In my county they make me store their items for thirty days before I trash it. If they come back for the stuff I charge a rental fee of what they left owing. Never collected it but as I said it becomes a game of PAYBACK.
Good for you getting the legal ball rolling by filing suit and serving her! I can tell this is a temporary set-back for you, and you’re taking control of the situation, which is the most important thing to do.
I’m sorry this happened on your first deal, but don’t let it discourage you. In fact, if it doesn’t scare you off, you’re going to be very successful because you’ve seen the worst and handled it like a pro.
I’ve never paid someone to leave, but I have waited 3 months without payments before I started eviction proceedings. That is the WRONG way to do it.
Now, for some practical advice:
Dyches Boddiford uses a Consent Order to speed up the eviction. It’s in his course paperwork. I personally have not used it, but it’s basically a form you take to the defendant where you both agree on a resolution and time line to settle your dispute . If that agreement is breached the judge automatically issues a Writ of Posession without going to court.
This is my understanding of the process and the document from my reading of his paperwork and hearing him speak.
I am hoping someone who has used this will chime in. I haven’t used it and would love to hear from someone with experience.
Depending on the paperwork you used, you either need to file for repossession or eviction in GA. It can take a very short time to get them out, depending on which county.
I have the people served (or serve them myself). I also mail them a letter via both certified and regular mail (certified allows me to show the judge that I contacted them on a certain day- they will not sign for it, but you can show it was mailed) giving them three days to pay or quit. Again, the wording is important depending on your paperwork.
Get them out fast, and think about what should have been done differently- such as how much down payment did you get? Why were they allowed to move in without paying lot rent? Did you get personal references and phone numbers of family members on the application? Did you or the park do a criminal check?
Good luck, as Lin says, if this doesn’t discourage you, you have what it takes to be successful in mobile homes.