[RPPTL LandTen] Mobile Home Eviction/Purchase

Thu Oct 20 12:12:45 PDT 2016

Thank you Dennis for your insights.

Patrick T. Hogan, Esq.
Hogan Legal Services, P.A.
Pat at HoganLegalServices.com

-------- Original message --------
From: Dennis Chen <dennis at chenlaw.net>
Date:10/19/2016 2:08 PM (GMT-05:00)
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Mobile Home Eviction/Purchase

Mr Smith has a cause of action against Mr Adams for failing to disclose the pending litigation.

Does Mr Smith know why he was not approved?  There has to be cause for the denial.  See Fla Stat 723.059(1), ". . . subject to the approval of the park owner, but such approval may not be unreasonably withheld."

The Florida Mobile Home Act has a good faith provision, Fla. Stat. 723.021.  If the park was aware of the new owner prior to obtaining judgment, there may be an opportunity to have the judgment vacated and pay off the rent balance.

In the process of defending mobile home evictions, I have found that there are some good attorneys that will do what is right in the litigation process, and work to resolve issues.  There are some really awful practitioners that will not respond to communication attempts, and they try to push right through to judgment without giving the tenant an opportunity to pay off the balance.  I think that stems from a desire on the part of the mobile home park to take the mobile home.  After the mobile home owner is evicted, they apply for a duplicate title to the mobile home.  The park then sells the unit or offers it for rents.

Regarding Leonard Cabral's comment, the clerk is to wait 10 days after the judgment is entered before issuing the writ of possession and if the mobile home owner pays the outstanding rent and all costs and attorneys fees, the writ is not to be issued. Fla. Stat. 723.062.  See also Fla Stat 723.061(1)(a), ". . . if the mobile home owner or tenant, whichever is responsible, pays the lot rental amount due, including any late charges, court costs, and attorney's fees, the court may, for good cause, deny the order of eviction, if such nonpayment has not occurred more than twice."

Dennis A. Chen, Esq.
Chen Law Firm, PA
13360 W. Colonial Dr, Ste. 470
Winter Garden, Florida 34787
Tel:   (407) 392-1872
dennis at chenlaw.net<mailto:dennis at chenlaw.net>

Civil Litigation * Landlord/Tenant * Real Estate Litigation

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On Thu, Oct 13, 2016 at 1:11 PM, pat at hoganlegalservices.com<mailto:pat at hoganlegalservices.com> <pat at hoganlegalservices.com<mailto:pat at hoganlegalservices.com>> wrote:

Any thoughts would be greatly appreciated.  I am sure someone on the list has had this happen at one point or another.

Scenario:

1) Mr. Smith purchases mobile home for $10,000 cash from Mr. Adams after verbal discussion.  Mr. Adams discloses that he is not current on his lot rent and owes a few months rent.

2) Mr. Smith applies for approval from mobile home park.

3) Mr. Smith moves his things into mobile home but not yet living in mobile home as residence because not yet approved.

4) Mobile Home Park gets final eviction and damages judgment (and statutory lien? on mobile home) against Mr. Adams with no notice to Mr. Smith, nor any knowledge of judgment by Mr. Smith.

5) Sheriff serves final writ of possession served on mobile home (no one living there).

6) Mr. Smith for 1st time sees writ of possession a few days after posted, when he goes to check on items in unit (which are still there).  First time Mr. Smith knows about lawsuit final judgment for eviction and damages, which was commenced a few months before purchase of mobile home from Mr. Adams.

7) Park refuses to approve new owner.

What should new owner Mr. Smith do to best attempt to protect the $$ invested in the mobile home??

Thank you for your thoughts.

Patrick T. Hogan, Esq.
Hogan Legal Services, P.A.
Pat at HoganLegalServices.com<mailto:Pat at HoganLegalServices.com>
(941)952-5000<tel:%28941%29952-5000>

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