[WSBARP] Reality Check - UD at a Mobile Home Park

Thu Jan 8 11:24:45 PST 2015

Stephen,

I've only done a couple of a mobile home foreclosures-post eviction.  Never
pretty.  Legal cost versus return.

I've cut and paste below my chattel lien notice which I prepared and
recorded to file a lien pursuant to RCW 60.72 and then rolled into the
personal property foreclosure.  Once the sale was completed by a credit
sale to the landlord I had no issues, as I recall, with DOL on transferring
title.  Though, anything with DOL is always a nightmare when transferring
mobile home titles.

Call if you have any questions.

*Robert R. Rowley* | Attorney at Law

505 W. Riverside Ave, Suite 500

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com

Return Address:

Robert R. Rowley

Attorney & Counselor at Law

PO Box 11766

Spokane, WA  99211-1766

*____________________________________________________________________________________*

                                                  *CHATTEL LIEN NOTICE*

*Claimant(s):                 XXXXXX PROPERTIES, INC.*

*Legal Owner(s):           XXXXXXXX*

*Registered Owner(s):   XXXXXXX*

*____________________________________________________________________________________*

               NOTICE IS HEREBY GIVEN that the Claimant named above
claims a Chattel Lien, created by RCW 60.72.010, in favor of XXXXXX
Properties, Inc., in the amount of $1,320.00, for and on account of
labor, skill and material expended upon the following Collateral: 1969
TNC MOBILE HOME, SERIES XXXX, WHITE/BLUE, VIN XXXX, LICENSE NO XXXXX.

               This lien was completed on the 7th day of September, 2010.

XXXXXXX PROPERTIES, INC.

BY_________________________________________

CLAIMANT

STATE OF CALIFORNIA       )

)ss.

County of Contra Costa           )

XXXXXXXXX, being sworn, says:  I am the President for the claimant above
named; I have read or heard the foregoing claim, read and know the contents
thereof, and believe the same to be true and correct and that the claim of
lien is not frivolous and is made with reasonable cause, and is not clearly
excessive under penalty of perjury.

_____________________________________________

SUBSCRIBED AND SWORN to before me this ______ day of ____________, 2010.

_____________________________________________

NOTARY PUBLIC for CALIFORNIA

My commission expires __________________________

*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *swhite8893 at aol.com
*Sent:* Thursday, January 08, 2015 10:19 AM
*To:* wsbarp at lists.wsbarppt.com
*Subject:* Re: [WSBARP] Reality Check - UD at a Mobile Home Park

Paul,

     I was looking at this back in 2013, and had gotten to the point where
I concluded there was no clear answer. The matter resolved itself and so I
stopped at that point.

     I had originally thought that using the abandoned vehicle statutes
would work, but DOL took the position that it would not. The discussion
came up on the list serve and there were no good answers. One person
suggested doing a landlord lien foreclosure. One person suggested talking
to an attorney by the name of Walt Olsen who represents a lot of mobile
home parks. You might give him a call.

     Let me know what you come up with as I may have the situation come up
again.

Steve

Stephen Whitehouse

*Whitehouse & Nichols, LLP*

Attorneys at Law

P.O. Box 1273

601 W. Railroad Ave.

Shelton, Wa. 98584

360-426-5885

swhite8893 at aol.com

-----Original Message-----
From: Paul Neumiller <pneumiller at hotmail.com>
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Sent: Thu, Jan 8, 2015 9:44 am
Subject: Re: [WSBARP] Reality Check - UD at a Mobile Home Park

Anyone have any input on this?  I’ve had two attorneys contact me off list
asking for responses, of which there are none.

Mobile Home Park Gurus:  What are the LL remedies after an unlawful
detainer action and the tenant hasn’t moved the mobile home by the time the
sheriff is supposed to come?  Any case law?  (I can’t find any)  Is the
mobile home then deemed “abandoned” and the LL proceeds under those
statutes?

*From:* wsbarp-bounces at lists.wsbarppt.com [
mailto:wsbarp-bounces at lists.wsbarppt.com
<wsbarp-bounces at lists.wsbarppt.com?>] *On Behalf Of *Paul Neumiller
*Sent:* Monday, January 5, 2015 10:55 AM
*To:* wsbarp at lists.wsbarppt.com
*Subject:* [WSBARP] Reality Check - UD at a Mobile Home Park

I am evicting from a mobile home park a tenant who owns the mobile home.  I
have already obtained a default judgment and the Writ. (Straight Chapter
59.20 except for those sections in 59.12 and 59.18 brought in by 59.20.040.)

1.       The local friendly Sheriff just sent a form letter to the tenant
informing the tenant of the Writ and quoted 59.18.312 law about LL storage
of T’s personal property.  I called the Sheriff’s office and asked “what
gives?,  this eviction is under 59.20 as a mobile home, not 59.18  under WA
Residential LL/T law.  59.18.312 has absolutely no application in this
eviction.  I don’t want my LL to think it has to follow this law and I
certainly don’t want the T (or the Deputy Sheriff who will be there on the
day of the eviction) to think that the LL has to follow 59.18.312”   The
Sheriff’s answer was that they are still required “by law” to give the
notice and this is part of their “form letter.”  Are they correct?

2.       After much review, it seems to me that, if T leaves the mobile
home in place, LL’s only remedy regarding removal of the mobile home and
all of its contents is to follow the LL lien process.  Is this correct?

_______________________________________________

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WSBARP at lists.wsbarppt.com

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