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george drysdale

New Member
Jurisdiction
Washington
This must be the legal question of the month. I'm a real estate (land) economist, I know that law well. Here's what happened to me. Mobile homes themselves are not real property as they are not attached to the land. They are personal property. I received a notice of eviction from the owner of the mobile home to vacate. We've been partners for ten years concerning the mobile home which she owns. She goes to her lawyer who possibly didn't know this. He tells her you can get an eviction, gives me notice goes before the judge who evidently doesn't know a mobile home is personal property and he gets the judgement. I did not show up in court because I mistakenly thought one of the two would figure it out. My excuse my mind was involved in the removal of rent control in California a massively difficult thought problem. No excuse legally. I am evicted. An illegal eviction? Not really since it is a contractual problem. Litigate? I can't find any case law but then I'm not in the business of being a lawyer.
 
This must be the legal question of the month.

I doubt that, after reading your post.


I'm a real estate (land) economist, I know that law well.

Pshaw, you say, Pshaw.



Mobile homes themselves are not real property as they are not attached to the land. They are personal property.


Do tell, mate, do tell.

Hold your horses, help is on the way.

A legal answer is headed your way, mate.


I am evicted. An illegal eviction? Not really since it is a contractual problem. Litigate? I can't find any case law but then I'm not in the business of being a lawyer.


FULL DISCLOSURE:
I am a lawyer.
I am licensed in several states, although WA is not one of those states.
I am also licensed before the federal bar, the US Court of Military Appeals, as well as before the US Supreme Court (as if that matters on this discussion site).


Mobile homes can be considered real or personal property depending on their location and the relationship they have with the land on which they sit.

Real property is considered immovable, meaning it is permanently attached or affixed to land.

Personal property is something not permanently attached to the land.


If the manufactured homes are personal property held for sale, they are personal property in your state.

If the manufactured homes are sitting on a permanent foundation with fixed pipe connections, electrical connections, water connections, they become real property.

(See RCW 84.36. 477 and RCW 84.36.)

Chapter 84.36 RCW: EXEMPTIONS

Good luck now, mate.
 
You can be evicted from a mobile home just as much as you can be evicted from "real property". Furthermore, you blew off the court date...of COURSE you lost.
 
I'm a real estate (land) economist

Not a real estate novelist like the guy in the song "Piano Man"? Amazing how a phrase can elicit a memory.

I received a notice of eviction from the owner of the mobile home to vacate. We've been partners for ten years concerning the mobile home which she owns.

Partners? What kind of partners? Unless you were a partner in ownership, you were her tenant and she wanted you out.

She goes to her lawyer who possibly didn't know this.

Wouldn't have made any difference.

He tells her you can get an eviction, gives me notice goes before the judge who evidently doesn't know a mobile home is personal property

That's funny.

he gets the judgement. I did not show up in court because I mistakenly thought one of the two would figure it out.

That's why you lost and got evicted. You had no clue about law after all.

An illegal eviction?

Nope.

Litigate?

On what grounds? You were served a summons and complaint that instructed you on what to do and when to appear. It's not rocket science.

I can't find any case law but then I'm not in the business of being a lawyer.

Obviously.

My advice: Get over it and find another place to live.
 
This must be the legal question of the month. I'm a real estate (land) economist, I know that law well. Here's what happened to me. Mobile homes themselves are not real property as they are not attached to the land. They are personal property. I received a notice of eviction from the owner of the mobile home to vacate. We've been partners for ten years concerning the mobile home which she owns. She goes to her lawyer who possibly didn't know this. He tells her you can get an eviction, gives me notice goes before the judge who evidently doesn't know a mobile home is personal property and he gets the judgement. I did not show up in court because I mistakenly thought one of the two would figure it out. My excuse my mind was involved in the removal of rent control in California a massively difficult thought problem. No excuse legally. I am evicted. An illegal eviction? Not really since it is a contractual problem. Litigate? I can't find any case law but then I'm not in the business of being a lawyer.

What case law do you think you need to find in your circumstance that would help you?

You were served with a notice to quit. You didn't. Then served with an unlawful detainer complaint to evict and you didn't respond or show up in court. And now there is a default judgment against you. Have you been removed from the premises?

Depending on the timeline, what you are left with is to ask the court to set aside the default and hear your answer to the UD complaint.

Check out the county court self-help website for the forms or consult with an attorney.

What exactly does a real estate economist do?
 
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