Short sale mobile home seller will not leave.
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Short sale mobile home seller will not leave.
I purchased a mobile home verified
through a previous owner that I am close
friends with, the trailer hasn’t had a
title switching hands at least for the
last decade, so it has been lost for a
while with a bill of sale notarized.,
outlining that the previous owners would
be out by May 1, 2018. We are now on May
8, 2018, and they show no signs of
moving. We paid 5 thousand dollars cash
at the notary to the seller so we had
some kind of proof that we paid, and we
owed 2,000 more towards the shed, with
10 200 payments. We paid the first shed
payment on May 3, 2018 making our total
investment 5200. They won’t answer the
phone now unless it is for a shed
payment, it seems. What are my legal
options? I want to move my wife and
children into our new starting home, and
do not wish to enter any rent agreement
where they begin to feel like our
tenants. I am getting frustrated beyond
what is healthy for me. Please help.
Asked on May 8, 2018 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The owner of a home can remove a non-owner, non-tenant at any time, by a type of legal action traditionally called an action "for ejectment" (though it is possible that your state has a different name for it). You can think of this legal action as "eviction for non-tenants." You first send them a written notice, sent some way or ways you can prove delivery, giving them some short but reasonable time to move (e.g. 15 - 30 days). If the don't then leave, you can file the legal action, which can be brought on an "emergent" (think: "urgent" or "emergency") basis to get into court faster, to get a court order that the sheriff or a constable remove them. This type of action can be highly "technical" in that a small procedural error can force you to start over; you are therefore advised to retain an attorney to help you (including with the initial notice, to make sure it is proper). A landlord-tenant attorney would be a good choice; they generally know how to bring this kind of legal action.
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