[WSBARP] Reality Check - UD at a Mobile Home Park
Jean M. McCoy
jean.mccoy at landerholm.com
Thu Jan 8 14:13:38 PST 2015
We have had to do the Landlord Lien foreclosure process a few times; no one ever shows up and the landlord goes into title. Here is the DOL form to claim the lien foreclosure http://www.dol.wa.gov/forms/420052.pdf ; the affidavit doesn’t reference 59.20, but RCW 60.72 does – the lien is for up to four months’ worth of rent on mobile homes.
Jean M. McCoy | Attorney
[Description: Landerholm-mail-signature1665C]<http://www.landerholm.com/>
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2526 (direct) | T: 503-283-3393 | F: 360-696-2122
www.landerholm.com<http://www.landerholm.com/>
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Rowley
Sent: Thursday, January 08, 2015 11:25 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Reality Check - UD at a Mobile Home Park
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.
[cid:image002.jpg at 01D02B4C.61CABD90]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<mailto:rob at rowleylegal.com>
Web Site: www.rowleylegal.com<http://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> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>] On Behalf Of swhite8893 at aol.com<mailto:swhite8893 at aol.com>
Sent: Thursday, January 08, 2015 10:19 AM
To: wsbarp at lists.wsbarppt.com<mailto: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<mailto:swhite8893 at aol.com>
-----Original Message-----
From: Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>>
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto: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> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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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