We have had the sheriffs inspection of the home, sent the proper docs to the state for last owner search and have it back and then filed for local court to get a judges ruling. She said we still needed to make an attempt to contact former owner by certified mail or by running an ad in a paper for 3 consecutive weeks.
Are there exact instructions or paperwork as to the process and requirements for this step of of the process? Would be grateful if you could point me to them.
http://www.indianacode.info/ic/title9/part189.htm
Its hit or miss when you send these things in. Sometimes they send them back with some BS reason. It’s like it depends on their mood that day. Best wishes.
Thanks, that was a big help!
Have you went through this process personally or do you generally delegate it to an attorney? It appears to be a time consuming process.
You need to use an attorney the first time you do it, as if you make any mistakes you have negated the entire process. Getting titles is one of the most challenging and frustrating of all park owner duties, and it takes a while to get the hang of it. Once you have completed one, you can then decide if you need an attorney going forward or not.
It’s up to you as to how you want to proceed.
In my area I did the job myself. The process is the same as you have stated. I sent a registered letter to her address and ran an add for the required time period. Keep copies of the add as proof for your records and the receipt for the registered letter with a copy of the letter.
It’s a simple process if you follow the court instructions.
Also if the tenants last known address was at your park that is where you send the letter otherwise send it to where you know they now live.
You have already completed the major part of the process by filing with the court for a judges ruling the notification process is the simple part. If you continue working with the local court they will walk you through the process. Once the court finalises the process you are done.
The reality is that most of what lawyers do in this type of situation is handled by a clerk. The process is fairly straight forward but if you would rather not bother then turn it over to your lawyer. I assume you do have a lawyer, if not get one as you will need to establish a relationship for future use.
@ErnestPecunio , as per your comment:
My Husband and I have successfully received one MH through the Abandonment Process in SC (we renovated the MH and just rented it to a Navy Gentleman on Tuesday).
Part of the process did require a Certified / Return Receipt Letter to be sent to the Owner and Lien Holder (if applicable). Either the Return Receipt had to come back as successful or the returned Letter had to come back to be included in the paperwork.
For a second MH in another SC County MHP we started the Abandonment Process.
Since we successfully received one MH, we used the exact same process for the second MH (changing needed wording such as the County Name, Magistrate Name and Address).
The other county’s Magistrate got upset with the paperwork that we used.
The paperwork was the “Exact” wording used to successfully receive the one MH (with the exception of County Name, Magistrate Name and Address).
It was like this second Magistrate had never done an Abandoned MH before.
The second Magistrate called the first Magistrate and finally realized that this was a legal procedure they had to process.
I agree with @mobilehomepark comment:
We wish you the very best!
Thanks all. Can you walk me through what the ad must say and where it is be be run in the paper?
If you are a park, they want you to get a court order. Some counties are easier then others to get them in. What County are you in?
We have done this many times in 3 different states without ever using an attorney. You simply need to follow all of the steps very carefully and also be aware of changing laws every so often. Yes it takes patience, but I’m not fond of paying lawyers.
I have done it multiple times as well. In the past I was able to use the normal abandoned title paperwork, however this last time they sent that paperwork back, and made me use the “Court Order” form. From my understanding some counties take a long time to get a court order, however the lady at the BMV told me that Noble County gives you a court order on the spot, so I drove over there and got a Court Order in about an hour. Oddly enough, You do not have to use the County Court that the home is in.
Also for those interested, in one of Frank’s recent newsletters (I think it was December) They had a section about the Indiana Manufactured Housing Assoc. In the article is said they are working on making this process easier to do. As it is now, it’s somewhat like throwing darts and seeing what sticks. I am working on one now, that I have sent in 3 times. The first 2 times they sent it back.