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Subject:
repossession of mobile home
Category: Business and Money > Consulting Asked by: lucyfur-ga List Price: $10.00 |
Posted:
05 Jan 2005 15:45 PST
Expires: 04 Feb 2005 15:45 PST Question ID: 452629 |
I sold a mobile home to a married couple using an installment loan contract. They have the title showing me as the lien holder. There is no real property involved as the mobile is on a rented lot. I'm not getting paid. What is the procedure to take back the mobile? This is in Arizona. |
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There is no answer at this time. |
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Subject:
Re: repossession of mobile home
From: gfmaster-ga on 05 Jan 2005 22:19 PST |
lucyfur, The procedure to follow is similar to repossession of a car. When 90 days have elapsed (since the last payment on the lien has been received) a letter needs to be sent to the owners (i.e. married couple) that they are in default of the agreed loan contract and if the mobile home is not returned within 30 days they may be subject to criminal prosecution. The letter should include reference to the original contract (clauses involving what happens in the event of default) where the home should be returned to and the letter must be sent certified mail return receipt (so you have proof that they got it). After the 30 days have elapsed you are entitled to collect the mobile home provided it can be done without breaching the peace. As this is unlikely and raises issues regarding the current owners personal possessions (theft?) and trespass (to collect the mobile home you would be entering another persons private property?) you would be wise to consult a lawyer and law officer prior to issuing the default letter. But the first thing to do is to talk to the current owners, not in a harassing way, more a wondering what the heck is happening way. Try to come to an agreement before it gets nasty. But if it is nasty protect yourself first (Law officer/Lawyer) then go after them. References: http://www.lawdog.com/states/az/repo.htm Various state statutes: 13-1813 http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/01813.htm&Title=13&DocType=ARS 28-2060 http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/28/02060.htm&Title=28&DocType=ARS Kind regards, gfmaster |
Subject:
Re: repossession of mobile home
From: just4fun2-ga on 06 Jan 2005 11:00 PST |
Title companies, at least here in NV, will do it for you. |
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