[RPPTL LandTen] N-1003 - Landlord Tenant Committee: Mobile Homes

Joe Alexander jalexander at pcba-law.com
Wed Feb 5 13:52:49 PST 2014


Under 723.062(2), Florida Statutes, upon execution of the writ of possession (for the lot), the land owner and/or the sheriff can move the M/H off of the lot to the property line or into storage. Assuming that you can't do that, b/c of the condition, as we all know M/H is personal property and Section 723.062(2), F.S. further defines the M/H as "personal property", 715.101(1) F.S. provides that the Abandoned Property Landlord and Tenant Act is applicable. So, you would just do the abandoned personal property notification and sell pursuant to that statute.
This would be easier than levy and executing on a money judgment.

Thank you,


Joseph N. Alexander
POTTER CLEMENT BERGHOLTZ ALEXANDER
308 East Fifth Avenue
Mount Dora, Florida 32757
Phone: (352) 383-4186
Facsimile: (352) 383-0087
Email: jalexander at pcba-law.com<mailto:jalexander at pcba-law.com>

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Wednesday, February 05, 2014 4:38 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee: Mobile Homes

This is not my area but I am aware that there are two ways that the mobile home can be titled, it can still be titled as a mobile home with a certificate of title or it can become attached to the property and the certificate of title can have been converted to a RP sticker.  The answer may be different depending on how the mobile home is titled.

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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Dennis Chen
Sent: Wednesday, February 05, 2014 4:33 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: N-1003 - Landlord Tenant Committee: [RPPTL LandTen] Mobile Homes

Treat it like an abandoned vehicle that has been left on private property and apply for new title based on abandonment.  I believe that is what some mobile home parks do.  I believe there are companies that process the paperwork for you.


Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel:   (407) 392-1872
Fax: 1-866-571-3421
dennis at chenlaw.net<mailto:dennis at chenlaw.net>

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real Estate Litigation

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On Wed, Feb 5, 2014 at 3:45 PM, Jeff Mazor <jmazor at mazor.com<mailto:jmazor at mazor.com>> wrote:

I think my associate still believes that I know everything there is to know.
I don't really want her to know the truth!
But I have no idea how to respond to this!
Can someone help me keep up the charade  by giving me the answer to the
following impossible questions?????

We're completing two mobile home lot evictions and expect that once
completed the tenants will abandon the mobile homes.  These mobile homes are
old and dilapidated and will most likely fall apart in the process of moving
them to storage.

The lot owner would like to obtain title to the homes so they can be sold or
rented.  We're trying to determine how best to get title and have not been
successful in finding a clear answer.  Does a lien have to be filed and then
executed upon?  Will the Judge who entered the eviction judgment provide a
court order directing that title be issued? Any advice would be appreciated.


Well, those are her questions. What do I tell her?????????

LoL


Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building
4000 Hollywood Blvd.,  Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500<tel:954-962-3500>
Fax:       954-962-3560<tel:954-962-3560>
Email:   JMazor at Mazor.com<mailto:JMazor at Mazor.com>




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