I need help navigating the abandoned home / title transfer process for used MH’s in North Carolina. Anyone here have any experience with the process? I can’t engage Snick Fish until I have a few docs, which can’t be obtained / handled virtually. I welcome any insight from others who have been down this path. How do we get abandoned homes in our name so that we can rehab them and get them occupied?
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This may help –
Section 42-25(9)(g)
(g) Ten days after being placed in lawful possession by execution of a writ of possession, a landlord may throw away, dispose of, or sell all items of personal property remaining on the premises, except that in the case of the lease of a space for a manufactured home as defined in G.S. 143‑143.9(6), G.S. 44A‑2(e2) shall apply to the disposition of a manufactured home with a current value in excess of five hundred dollars ($500.00) and its contents by a landlord after being placed in lawful possession by execution of a writ of possession. During the 10‑day period after being placed in lawful possession by execution of a writ of possession, a landlord may move for storage purposes, but shall not throw away, dispose of, or sell any items of personal property remaining on the premises unless otherwise provided for in this Chapter. Upon the tenant’s request prior to the expiration of the 10‑day period, the landlord shall release possession of the property to the tenant during regular business hours or at a time agreed upon. If the landlord elects to sell the property at public or private sale, the landlord shall give written notice to the tenant by first‑class mail to the tenant’s last known address at least seven days prior to the day of the sale. The seven‑day notice of sale may run concurrently with the 10‑day period which allows the tenant to request possession of the property. The written notice shall state the date, time, and place of the sale, and that any surplus of proceeds from the sale, after payment of unpaid rents, damages, storage fees, and sale costs, shall be disbursed to the tenant, upon request, with 10 days after the sale, and will thereafter be delivered to he government of the county in which the rental property is located. Upon the tenant’s request prior to the day of sale, the landlord shall release possession of the property to the tenant during regular business hours or at a time agreed upon. The landlord may apply the proceeds of the sale to the unpaid rents, damages, storage fees, and sale costs. Any surplus from the sale shall be disbursed to the tenant, upon request, within 10 days of the sale and shall thereafter be delivered to the government of the county in which the rental property is located.
Section 44-A2(e2)
Any lessor of a space for a manufactured home as defined in G.S. 143‑143.9(6) has a lien on all furniture, furnishings, and other personal property including the manufactured home titled in the name of the tenant if (i) the manufactured home remains on the demised premises 21 days after the lessor is placed in lawful possession by writ of possession and (ii) the lessor has a lawful claim for damages against the tenant. If the lessor has received a judgment for possession of the premises which has been executed, then all property remaining on the premises may be removed and placed in storage. 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. This lien shall be for the amount of any rents which were due the lessor at the time the tenant vacated the premises and for the time, up to 60 days, from the vacating of the premises to the date of sale; and for any sums necessary to repair damages to the premises caused by the tenant, normal wear and tear excepted; and for reasonable costs and expenses of the sale. The lien created by this subsection shall be enforced by public sale under G.S. 44A‑4(e). The landlord may begin the advertisement for sale process immediately upon execution of the writ of possession by the sheriff, but may not conduct the sale until the lien has attached. This lien shall not have any priority over any security interest in the property that is perfected at the time the lessor acquires this lien. The lessor shall not have a lien under this subsection if there is an agreement between the lessor or the lessor’s agent and the tenant that the lessor shall not have a lien.
Let me know @supplysider if that helps
-Snickfish
Also this may help:
what is the exact process to get Writ of Possession and Summary of Ejectment in NC?
@Jaguar5746
Hi. You have to wait the 10 days after eviction before filing for the writ. Summary of Ejection comes first, though. There are a number of papers you need to file with that. When I first started doing it, someone from the clerk’s office gave me copies of each paper that needed to be filed and I downloaded them. So, I just fill them out from the computer each time, since I keep a blank copy.
This is what you’ll need:
Complaint for Summary Ejection AOC-CVM-201
Magistrate Summons AOC-CVM-100
Servicemembers Civil Relief Act Affidavit AOC-G-250
You have to go online to https://scra.dmdc.osd.mil/ and print out a copy of their confirmation that says whether they’re in the military or not. You HAVE to have this or the judge will toss you out of the courtroom. So be sure to have the person’s real name, birth date and social security number, or the site won’t let you go any further.
I can email you the documents if you like, with samples of how we do it here. We’re in Iredell Co. You take all your papers to the county clerk and pay them $126. (single person) or $156. (for two people).
Once you win your judgement, you wait 10 working days and if they haven’t left by then, you go back to the clerk and pay $55. (for 1 person) or $85. (for 2 people) to file the Writ of Possession and they’ll give you a copy to take to the sheriff’s office (have no idea why it cost us $115. for the writ on another couple). After that, you’ll get a call from a deputy saying when he’ll be down there to make them leave. You must be there so you can change the locks on the doors. It might be another 3-5 days later. They will give the tenant about an hour to get their stuff and leave (it varies). And they should tell the tenant that they have 7 days in which they can come back and get their stuff out, but only ONE day, and they have to make an appointment with the manager as to when they can come get the stuff.
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Thanks so much for the info.
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@Jaguar5746 - You’re welcome. All you have to do is a search for those numbers I gave you and you can download them from the NC website (example: AOC-CVM-201).
Supplysider, does NC require you to do an auction and advertise the auction in order to take over MH title?
What is the process if you don’t know who owns that home and can’t find any information in county tax records and no VIN number is available.
@Jaguar5746 - You can usually find the VIN somewhere on the mobile home. Either inside one of the closets or even on the trailer itself outside near the front. According to the state, you have to do your due diligence in finding out who the owner is. Have you looked all over the home, inside and out, for the VIN? Sometimes the county tax office can show owners of mobile homes by address alone.