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M

mskenton

Junior Member
What is the name of your state? Florida

To sum up my situation, my mother passed away 2 years ago. My sister and I were willed the property to which her mobile home sits on. We now own the property under an Order Determining Homestead Status of Real Property. We could not get the mobile home due to lien on it (mortgage). We are currently trying to sell the property which is supposed to close on October 15, 2005. But we cannot get the mortgage company to release the title without paying off the mortgage or get them to remove the mobile home. We also do not have the money for an attorney, so therefore we are trying to do this on our own. I have been advised that I need to get a court order, ordering Greentree Servicing to come and remove the mobile home within 20 days. My problem is that I do not have an example of a form for this type of matter to go by. Can someone help us?
 


I

I AM ALWAYS LIABLE

Senior Member
My response:

Does Greentree Servicing have a parking lot?

Remember, "Give unto Caesar that which belongs to Caesar!"

So, hitch up your pick-up truck and haul it yourself to their parking lot. Hell, it belongs to them! Give it to them!

IAAL
 
B

BelizeBreeze

Senior Member
I AM ALWAYS LIABLE said:
My response:

Does Greentree Servicing have a parking lot?

Remember, "Give unto Caesar that which belongs to Caesar!"

So, hitch up your pick-up truck and haul it yourself to their parking lot. Hell, it belongs to them! Give it to them!

IAAL
Click to expand...
Now IAAL, I wouldn't expect you to know this, but it would take more than a 2" ball hitch to drag that piece of Hillbilly Subdivision. And the normal pick'em up doesn't come with a bigger BALL :D
 
I

I AM ALWAYS LIABLE

Senior Member
BelizeBreeze said:
Now IAAL, I wouldn't expect you to know this, but it would take more than a 2" ball hitch to drag that piece of Hillbilly Subdivision. And the normal pick'em up doesn't come with a bigger BALL :D
Click to expand...
My response:

What do you want? I can't figure out the specifics of everyone's problems!

I guess our writer will just have to get bigger balls.

IAAL
 
Last edited:
B

BelizeBreeze

Senior Member
I AM ALWAYS LIABLE said:
My response:

What do you want? I can't figure out the specifics everyone's problems!

I guess our writer will just have to get bigger balls.

IAAL
Click to expand...
And no one thought I was a good setup man

Signed,
Costello
 
M

mskenton

Junior Member
BelizeBreeze said:
Have you been in contact with the finance company regarding the trailer?
Click to expand...
Yes I have. Greentree is not willing to release the title or remove the mobile home. They said and I quote, "It is not cost efficient for us to remove the mobile home."
 
B

BelizeBreeze

Senior Member
mskenton said:
Yes I have. Greentree is not willing to release the title or remove the mobile home. They said and I quote, "It is not cost efficient for us to remove the mobile home."
Click to expand...
Then write them a certified (RRR) letter demanding they remove the piece of crap within 10 business days from receipt of the letter or you will file a motion in the superior court of [county] to have the property declared abandoned with specific rights to dispose of such.


Notice of Right to Reclaim Abandoned Property

To: (Name of former tenant)
(Address of former tenant)

When you vacated the premises at (address of premises, including room or apartment number, if any) , the following personal property remained: (insert description of personal property) .

You may claim this property at (address where property may be claimed) .

Unless you pay the reasonable costs of storage and advertising, if any, for all the above-described property and take possession of the property which you claim, not later than (insert date not fewer than 10 days after notice is personally delivered or, if mailed, not fewer than 15 days after notice is deposited in the mail) , this property may be disposed of pursuant to s. 715.109.


If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the costs of storage, advertising, and sale are deducted, the remaining money will be paid over to the county. You may claim the remaining money at any time within 1 year after the county receives the money.

(Insert here the statement required by subsection (2))

Dated:_____

(Signature of landlord)

(Type or print name of landlord)

(Telephone number)

(Address)
 
I

I AM ALWAYS LIABLE

Senior Member
mskenton said:
Yes I have. Greentree is not willing to release the title or remove the mobile home. They said and I quote, "It is not cost efficient for us to remove the mobile home."
Click to expand...

My response:

Look, the mobile home is like anything else - - it's property (private property) like your television set. The only difference is that it's just a bit larger than your television set - - but it's still property. Since the land is yours, you have the right to "abate" the nuisance; i.e., their mobile home is a nuisance and as a result, they are trespassing onto your land. So, like I said, you have the right to abate that nuisance. That means, you'll have to foot the bill to remove THEIR property from YOUR land, and then sue them for the costs.

IAAL
 
I

I AM ALWAYS LIABLE

Senior Member
BelizeBreeze said:
Then write them a certified (RRR) letter demanding they remove the piece of crap within 10 business days from receipt of the letter or you will file a motion in the superior court of [county] to have the property declared abandoned with specific rights to dispose of such.


Notice of Right to Reclaim Abandoned Property

To: (Name of former tenant)
(Address of former tenant)

When you vacated the premises at (address of premises, including room or apartment number, if any) , the following personal property remained: (insert description of personal property) .

You may claim this property at (address where property may be claimed) .

Unless you pay the reasonable costs of storage and advertising, if any, for all the above-described property and take possession of the property which you claim, not later than (insert date not fewer than 10 days after notice is personally delivered or, if mailed, not fewer than 15 days after notice is deposited in the mail) , this property may be disposed of pursuant to s. 715.109.


If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the costs of storage, advertising, and sale are deducted, the remaining money will be paid over to the county. You may claim the remaining money at any time within 1 year after the county receives the money.

(Insert here the statement required by subsection (2))

Dated:_____

(Signature of landlord)

(Type or print name of landlord)

(Telephone number)

(Address)
Click to expand...


My response:

Um, no. This won't work. Greentree Servicing didn't "vacate" anything. In fact, they were never there! It's property that's causing a nuisance and our writer has the right to abate that nuisance.

IAAL
 
S

SueDSeller

Junior Member
What you can afford

Paralegals can do quite a lot in Florida. And don't charge very much - because they do not give counsel. Call up a couple from the yellow pages and you may find cheap help.

A mobile home park manager may know the name of the form you need.

Is a title company or an attorney handling the closing? They should help because they need to close your deal to earn their fee. Title companies are affiliated with attorneys.

Finally - for a form or a letter an attorney is not very expensive - especially compared with the selling price of the land.

If you decide to tow the trailer - don't. A new transmission accompanied by fines for not having the permit or license to move a wide load is your most expensive option.

Balls are available in all sizes - but ya gotta have the rest of the equiptment to make it work right.

Best of Luck.
 
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