[WSBARP] Sale of Mobile Home

Fri Sep 20 11:39:59 PDT 2019

Writ of Replevin and/or Writ of Ejectment seem like suitable candidates.

From my understanding, WA is a title state and a UCC-1 cannot perfect a security interest in titled goods (unless the titled goods are inventory, like cars at a car dealership). So, lack of UCC-1 shouldn’t matter.

Even if you have an enforceable security agreement, and a perfected security interest, the non-judicial repossession provisions in Article 9 are probably not going to be helpful in this situation.

If the replevin/ejectment route doesn’t stick, you could sue breach of contract, get an in rem judgment, have the court order the sale of the mobile to satisfy the judgment.

Given the minimal value of the property, if the replevin/ejectment doesn’t work maybe propose a “cash for keys” deal rather than going through a full blown judicial foreclosure.

Eric J. Lanza, J.D.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Friday, September 20, 2019 11:23 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Sale of Mobile Home

Paul -

Does the contract have a default provision that outlines termination of the contract? I think that you have to terminate the contract with proper notice and then do an ejectment.

Kaitlyn

On Fri, Sep 20, 2019 at 10:44 AM Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>> wrote:
While I always prefer to "inject" humor into my posts, here I meant "ejectment."

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Paul Neumiller
Sent: Friday, September 20, 2019 10:32 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Sale of Mobile Home

Listmates:  Interesting situation where I need guidance (or maybe a referral).  Client sold mobile home to buyer using a homemade contract.  No filed UCC-1 or other security that I see.  Contract says that when paid in full, the buyer "will get title within 30 days.  And "In the event Buyer defaults on this contract seller can repossess trailer after 30 days..."  So, the buyer is now in default and client wants the mobile home back.  Everything easily worth under $20K.  Can the client "repossess"?  Through what hoops do we need to jump?  How does client repossess the mobile home when the buyer is still living there?  Injectment?

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