My IRA is the lien holder on a MH in a park in Texas. Home was sold to buyer #1 who signed a lot lease with the park. She stopped paying my IRA and the park. Park evicted her. Because I wanted to leave the home there, my IRA paid her back rent and late fees. Home was resold to buyer #2 in March 2014. Buyer #2 never signed a lot lease with park and never made any more payments after her down payment. Park just received eviction judgment for non-payment of lot rent against buyer #1 and ALL other occupants (which covers buyer #2, even though she has no lot lease). My IRA will receive a judgment for non-payment on note against buyer #2 this week.I want to move the home out of this park ASAP as they are very investor unfriendly.1) Since my IRA does not have a signed lot lease, is my IRA under any obligation to pay the back lot rent and late fees to the park that buyer #2 would be responsible for had she signed a lot lease?2) Does the mover have to notify the park before moving the home out?3) Can the park stop the move in any way?4) What suggestions do you have for me to get this home out with the least amount of hassle and expense?
So- there are a lot of things going on here. I own a few parks in Texas so maybe I can shed some light onto the situation. 1) You could be liable for the back amounts owed, depending on how all of the legal papers were filed. 2) No. But in Texas the mover MUST be licensed, and must pull the proper permits in order to move the home. The home can only be moved on certain days and times in Texas. 3) The park can stop it with a judgement and a RIT. So yes they can. But again, all the paper work needs to have been done with that in mind. 4) I am not sure where you are located, but you call a mover and have the home pulled out. Many parks, mine included pay for homes to move into our parks. So I pay the move fees if a home is pulled in. The home must meet the city code, but that is pretty easy most of the time. So call a move and at least get it out of the park. Once that is done, the owner of the park can not go after you UNLESS you were named in the suit and unless he has a judgement against you.If you are anywhere close to the Valley, or to the Dallas / Ft Wroth area- drop me a line and we can discuss pulling it into one of my parks. I am very, very friendly to people that own and sell homes in my parks. As a side note- I have owned and financed well over 100 homes in other peoples parks, and I still hold financing on many of those homes.