[RPPTL LandTen] Mobile Homes

Wed Feb 5 13:55:37 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 Cary Sabol
Sent: Wednesday, February 05, 2014 4:37 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Mobile Homes

Jeff,

One other thought.  If there happens to be a bank lien against the home, Ch. 723 has a process for notifying the lender to either remove the home or the lender becomes obligated for the lot rent.

Cary
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Phone: (561) 281-2744
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On Wednesday, February 5, 2014 4:30 PM, Manuel Farach <MFarach at richmangreer.com<mailto:MFarach at richmangreer.com>> wrote:
David's suggestion is a good, practical way to resolve and seems better than my suggestion

Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

Richman Greer P.A.
One Clearlake Centre
Suite 1504
250 Australian Avenue South
West Palm Beach, Florida 33401
Office:561.803.3500
Fax: 561.820.1608
Direct: 561.803.3501
Email: MFarach at richmangreer.com<mailto:MFarach at richmangreer.com>

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-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>] On Behalf Of David Weisman
Sent: Wednesday, February 05, 2014 4:28 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Mobile Homes

Jeff:

Unless you are executing on a lien, the eviction does not give the lessor the right to the mobile home. The practical solution is to make some deal with the tenant, get they to vacate the home in exchange for a waiver of arrears, and get them to sign a DMV form transferring the mobile home. Otherwise, you are left with limbo. It is not a case where you are foreclosing and are entitled to both.

David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

-----Original Message-----
From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org>] On Behalf Of Jeff Mazor
Sent: Wednesday, February 05, 2014 3:46 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Mobile Homes

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
Fax:      954-962-3560
Email:  JMazor at Mazor.com<mailto:JMazor at Mazor.com>

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