mobile home abandonement question, how long do we have? is this right?

[chrysainia]

state: montana

me and my husband acquired a mobile home from our great uncle when the land he was on was sold out from under him upon his sisters passing(life time estate was ignored by children so they could sell). we have been trying to secure a mover for said property (1969 single wide mobile home) the guy who now owns the land had told us he was concerned about tax burden so we immediately switched the taxes to our name. it has been months but last contact was about waiting for spring thaw to Finnish so we could move it, we now received a notice that we have to move it by tomorrow or we loose it, he quoted Montana code annotated 2011 section 70-33-432 - "disposition of abandoned mobile home" as grounds for this action. but we are not tenants of the property, we have never lived on said property and there is no landlord tenant relationship. its on wheels and ready to move but the ground is not solid, it will sink. movers wont touch it for another two weeks! it states that this certified letter gave us only 15 days to act or we loose our home he didn't leave a phone number for contact on the notice so its been hard to get a hold of him, he also sent it to the wrong address so we received it last week! running out of options and this is our starter home... please help! is this legal?? I thought we'd have 30 days.

 

[FarmerJ]

If you believe the notice is defective then by all means speak to a atty about it, (links above ) A 1969 mobile home is so old as far as mobile homes go I doubt there is any mobile home park that would allow it in, they often have min sq ft requirements. They some times have age restrictions that wont allow older units to be moved in, some cities and countys do the same basic thing to try to keep mobile homes from devaluing other properties. 1969 mobiles are so far out from FHA standards for manufactured houses even if it was retro fitted likely still not a high value item. I would think it may be cheaper to just let the new owner do what ever he is going to do.

 

[chrysainia]

well looks like I'm out of time anyway... sadly we had a place to put it out on family acreage, spot leveled and all. true its not worth much, but it would have been great for now

 

[OHRoadwarrior]

You truly did not lose anything. When a mobile home has been sitting for a long period of time, it settles. When you move it, air pressure and vibrations cause the weakened structure to flex.

 

[latigo]

state: montana

me and my husband acquired a mobile home from our great uncle when the land he was on was sold out from under him upon his sisters passing(life time estate was ignored by children so they could sell). we have been trying to secure a mover for said property (1969 single wide mobile home) the guy who now owns the land had told us he was concerned about tax burden so we immediately switched the taxes to our name. it has been months but last contact was about waiting for spring thaw to Finnish so we could move it, we now received a notice that we have to move it by tomorrow or we loose it, he quoted Montana code annotated 2011 section 70-33-432 - "disposition of abandoned mobile home" as grounds for this action. but we are not tenants of the property, we have never lived on said property and there is no landlord tenant relationship. its on wheels and ready to move but the ground is not solid, it will sink. movers wont touch it for another two weeks! it states that this certified letter gave us only 15 days to act or we loose our home he didn't leave a phone number for contact on the notice so its been hard to get a hold of him, he also sent it to the wrong address so we received it last week! running out of options and this is our starter home... please help! is this legal?? I thought we'd have 30 days.

Your legal point is well taken. The property owner is proceeding under the abandoned property provisions of the Montana Residential Mobile Home Lot Rental Act .

Legislation that was clearly enacted to provide a landlord renting mobile home space a means of disposing of former tenants’ abandoned personal property - including mobile homes.

Theoretically it could be reasonable argued that since this particular abandonment-process wasn’t available at common law, the courts are committed to a strict/literal construction of the legislation. In other words, the statute’s prescribed method of disposing of the unit is limited to the landlord/tenant relationship.

But you people are some distance from a position where you could effective assert that legal argument.

In the meantime, if you believe this relic that has suffered through 40 plus Montana winters is worth salvaging, then hire an attorney to file a suit for an injunction and TRO.

. . . I thought we’d have 30 days. . .

Not 30. 15 and possibly 20.

“If the mobile home owner, within 15 days after receipt of the notice provided for in subsection (3)(c), responds in writing to the landlord that the owner intends to remove the mobile home from where it is stored and does not do so within 20 days after delivery of the owner's response, the mobile home may be conclusively presumed to be abandoned. A landlord is entitled to payment of the removal and storage costs allowed under subsection (2) before the owner may remove the mobile home. Montana Code Section 70 Chapter 33 Section 432(4)