[WSBAPT] Foreclosure purchase - titled mobile home on site

Mon Oct 3 11:44:15 PDT 2016

In light of the pro tenant slant of the courts interpreting the LL/T Act and in light of  59.18.415, I would advise the client to require the MH owner to have legal counsel. If they say they cannot afford it, I would suggest even advancing the funds on a not to exceed basis. Suggest also having the agreement approved on the face of it by the other party’s attorney. I realize the deal under discussion is the flip side of the statute, but having counsel review ahead of time should prevent later legal nanny meddling by a judge.

See RCW 59.18.415

Applicability to certain single-family dwelling leases.
The provisions of this chapter shall not apply to any lease of a single-family dwelling for a period of a year or more or to any lease of a single-family dwelling containing a bona fide option to purchase by the tenant: PROVIDED, That an attorney for the tenant must approve on the face of the agreement any lease exempted from the provisions of this chapter as provided for in this section.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Monday, October 03, 2016 10:51 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Foreclosure purchase - titled mobile home on site

I would find out what year the MH is.  As I said before there is a cutoff year where the MH cannot be legally relocated making it essentially worth very little to the titled owner.  I would acknowledge that in a separate agreement, title in exchange for lease, if that is the case.  If a newer MH, then it likely has some value.   In that case, in the separate agreement, I would demonstrate that this is an equal exchange.  For example, in exchange for the title your client will not evict MH owner and have the MH removed, saving the owner a great deal of money and heartache.  The length of the lease term can be an equalizing factor as well.  Essentially, you want to avoid something that would be construed as unconscionable or extremely unfair if the MH owner isn’t going to consult with their own attorney.  For example a month to month lease in exchange for a MH that is worth $20k, might not be looked favorably upon.  

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S. 
Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of J Richard McEntee, Jr.
Sent: Monday, October 03, 2016 10:22 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Foreclosure purchase - titled mobile home on site

thanks Paul

Client just spoke with the prior owner of the land who commenced the foreclosure. Prior owner said that they do not believe that they had a lien on the MH, just the land — probably a good thing for my client. 

At this point, the foreclosed party who is residing in the MH wants to enter into a rental agreement. Client is looking to obtain title to MH in exchange for a rental agreement. Does anyone see traps for the unwary here?  

Thanks for staying with me on this saga.

Rich

RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com       

On Oct 3, 2016, at 9:42 AM, Paul <pneumiller at hotmail.com> wrote:

Ok, so the MH is treated as personal property because the separate title was not eliminated and it appears the foreclosing lender didn’t move against the MH.  Because this is an occupation AFTER a foreclosure, the land owner has the right to bring a unlawful detainer action (RCW 64.21.60(a)).  IF, the MH can be safely moved, how about moving it to the nearest public property via RCW 59.18.312.  I’ve had multiple clients drag old cars, trucks, and garbage to the curb just to get rid of them, using RCW 59.18.312.  Eventually, the County sticks an abandonment notice on the vehicles and then hauls them away.  If there is room on the road and the MH can be moved without it disintegrating on the way, why can’t the land owner drag it out?  I’m not sure that is the same as transporting the MH on the state’s highways.   Just a thought.  Anyone know if this would work (assuming the occupant doesn’t ask the land owner to “store” the MH).

<image001.jpg>

From:  <mailto:wsbapt-bounces at lists.wsbarppt.com> wsbapt-bounces at lists.wsbarppt.com [ <mailto:wsbapt-bounces at lists.wsbarppt.com> mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Friday, September 30, 2016 2:21 PM
To: WSBA Probate & Trust Listserv < <mailto:wsbapt at lists.wsbarppt.com> wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Foreclosure purchase - titled mobile home on site

What a disaster.  Maybe the cert of title will give you a better picture of how the parties treated it as personal property, but I think you would need some sort of agreement to tie the MH to the note obligation even with if the lender is legal owner on the cert of title. 

Notwithstanding the foregoing, you obviously have leverage in the fact that your clients’ now own the underlying ground and generally the expense of moving the MH is usually substantial (if it is pre-1978, I believe you cannot even relocate it).  I would suggest negotiating with the owner because you can evict him from the property and he would be forced to move the MH.  You might even be able to effectuate a landlord’s lien with a judgment you obtained against the MH to give you the ability to foreclose on it.  A long term lease (1 yr or more) at a reasonable rental value in exchange for him signing over title, is probably the best way to resolve the matter quickly and cheaply.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.

From:  <mailto:wsbapt-bounces at lists.wsbarppt.com> wsbapt-bounces at lists.wsbarppt.com [ <mailto:wsbapt-bounces at lists.wsbarppt.com> mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of J Richard McEntee, Jr.
Sent: Friday, September 30, 2016 1:17 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Foreclosure purchase - titled mobile home on site

The MH was mentioned in the Warranty Deed, but not in the Deed of Trust. Notice of trustee sale does not mention the MH in the legal description, but shows non payment of the MH taxes as one of the defaults for which foreclosure is made.

RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
 <mailto:jrmcentee at gmail.com> jrmcentee at gmail.com       

On Sep 30, 2016, at 1:03 PM, Marcus Fry < <mailto:mfry at lyon-law.com> mfry at lyon-law.com> wrote:

Often the manufactured home will be mentioned in the deed of trust as part of the property that the DOT is secured against.  I would pull the DOT and take a look at it and then the notice of foreclosure and notice of trustee’s sale.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689 
Yakima, Washington  98907 
Telephone:  (509) 248-7220 
Facsimile:  (509) 575-1883 

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From:  <mailto:wsbapt-bounces at lists.wsbarppt.com> wsbapt-bounces at lists.wsbarppt.com [ <mailto:wsbapt-bounces at lists.wsbarppt.com> mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of J Richard McEntee, Jr.
Sent: Friday, September 30, 2016 12:51 PM
To:  <mailto:cole-gilday at stanwoodlaw.net> cole-gilday at stanwoodlaw.net; WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Foreclosure purchase - titled mobile home on site

Not sure if a lien holder exists on title. We are attempting to locate the title. The registered owner is the person who also owned the land for which the non-judicial foreclosure occurred. He is living in the MH.

RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
 <mailto:jrmcentee at gmail.com> jrmcentee at gmail.com       

On Sep 30, 2016, at 10:37 AM, Robert R. Cole < <mailto:cole-gilday at stanwoodlaw.net> cole-gilday at stanwoodlaw.net> wrote:

Who are the registered and legal owners on the title of the mobile home?
Very Truly Yours,
Robert R. Cole
Law Office of Cole & Gilday, P.C. 

10101 - 270th St. NW 
P.O. Box 249 
Stanwood, WA 98292 
(360) 629-2900 (Telephone) 
(360) 629-0220 (Fax) 

This message contains confidential and privileged information that is intended only for the named recipient(s).  Unless you are the named recipient or authorized agent thereof, you are prohibited from reading, copying, distributing or otherwise disseminating such information.  If you receive this communication in error, please notify the sender immediately.

On 9/30/2016 6:23 AM, Schmidt & Yee wrote:
I had to do a separate action to foreclose the security interest in the mobile home and have a sheriff sale of the mobile to get a sheriff’s bill of sale that had to be taken to DMV to get a new title issued in my client’s name as the successful bidder at sale.  Maybe you could make a deal with the owner to sign title over in exchange for a rental agreement. 
Pam Yee
Schmidt & Yee, PC

From: J Richard McEntee, Jr.
Sent: Thursday, September 29, 2016 5:24 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Foreclosure purchase - titled mobile home on site

Hello — I have a client that just purchased a property at a non judicial foreclosure sale. Initially, the client thought that she was purchasing land with a mobile home attached. It turns out that title was never eliminated from the mobile home. I am doing some early due diligence. I believe that the home and land were purchase together in 2007 and the seller was the same for land and mobile home. Both parcels are listed for the address at the assessor’s site. 

If there was no separate action taken to foreclose the lien on the mobile home title, is the mobile home still owned by the person who was foreclosed from the real estate? Would the original lien still be attached to the mobile home? or does the foreclosure of the real property preclude foreclosure of the lien on the mobile home? 

The former land owner and owner of the mobile home is still living in the home at the real property. He is interested in staying and paying rent.

Any guidance would be appreciated.

Thank you
Rich

RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
 <mailto:jrmcentee at gmail.com> jrmcentee at gmail.com      

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