Mobile Home Sold, Moved Out, sued for 3 months rent after the fact

[jaccolli]

State of Indiana:

I owned a mobile home and signed a 1 year lease with the park. I asked about another lease when the year was up. They told me it goes to just a month-to-month basis. Fine. Lived there for another 4 years no problems.

This is where i'm not clear on my rights.

I found a buyer for the home and wanted to move out. I informed the office I intened to move out ASAP and signed a document on April 25th 2007 stating this. All rent paid up thru April. The home was sold that day($1,500.00), made a bill of sale(not notarized, stupid i know), and moved out. I was under the impression my obligations were over.

Now I realize MAYBE i'm responsible for May's rent given there may be a 30 day notice needed. Not sure. Now I'm being sued for 3 months rent, removal of the home, court fee's, etc to the tune of $2,678.00!!! After some research and calls with the creditor. The buyer was not approved for the lease, abandoned the home, and did not transfer the title in their name. I received no court or eviction papers, at least not to the STATED address on the intent to move out form.

Questions:

How am I liable for someone NOT getting the title transfered in their name, what can I do about it, and will a bill of sale help?

How am I responsible for 3 months rent after sale and move out, if any, when I'm on a month-to-month basis and informed them of intent to move?

Do I honestly owe these costs or is the law in favor of the park?

No papers where sent to my new address(certified or regular mail) til now(court date passed in 8/2007), can I get another hearing?

 

[Michael Wechsler]

1) I'm not sure how you didn't get title transferred. That usually happens at a closing. That's not really the issue here.

2) If you're on a month to month basis, then you're responsible for, at most, 1 month if you gave proper notice. Just because you sold the home doesn't mean the trailer park has any idea what is going on. If they did, which it seems you're stating, then I can't explain how they got to 3 months. Ask them.

3) You can likely get another hearing with an order to show cause. You will need to (a) give a good reason why you didn't appear and (b) a good reason that allowing you to reopen the case would possibly make a difference, e.g. you have some reasonable defense. Of note, you may want to also bring up the fact that you weren't properly served if the notice was sent to your prior address after the landlord knew you didn't live there (although I'm not sure whether there is a piece of paper you signed, e.g. the lease, which provides for service at that residence.)

Good luck to you.

 

[jaccolli]

Thank you 'thelawprofessor' for your response. I have disputed the creditors claim in writing with reasons detailed. Pending an investigation and findings/response by them I might try to reopen the case.

This was my first trailer/home and in retrospect I would have done a few things different at time of sale. Ignorance is no excuse when it comes to law, but this just seems like an extortion of the wrong person.

I took the cash for the home with a signed bill of sale and handed over the title, as you would a car. Should have made the sale at the DMV and had it transfered that day.

There was proper notice on April 25th, signed a notice of intent to move, same date as the sale. The move out date shows April 25th on the document. While this is not 30 days notice, it was understood I was moved out and the document shows April 25th as the move-out-date. Also the buyer was present in the office at this time and introduced as the "buyer" to the office. So the buyer started the process of getting approved for a lease on the lot.

It seems the buyer was not approved for a lease and never transfered the title. So the park is holding me liable for the next 3 months lot rent, transfer and storage of the home. While they have a case, I believe I do too. I feel they should be going after the buyer not me.

So, advice from experience. Make the sale at a DMV and have the title transfered in your presence. This would have made my case virtually undeniable, in my opinion.

So I guess my only question is, and what my whole case depends on is:

With a signed bill of sale(not notarized) am I responsible for property sold if the buyer didn't transfer the title?

 

[jaccolli]

To add: I was talking to someone about the process of selling a mobile home on a rented lot in a park. They said the process is to have the buyer approved for lease of the lot before sale of the home. My argument was that this may be the parks process and a smart move on the buyers part. It is my property and if the the buyer didn't get approved first then that is between the them and the park, in my opinion.