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May 2015 Archives

Warehouse Liens and the Manufactured Housing Industry (Part 2)

As noted in part 1 of this article from the May 2015 issue there are usually at least two types of liens. Both of these lien types are "enforced" - or collected in a similar fashion. For a warehouse lien, the park can begin to enforce the warehouse lien when the former tenant vacates or an unlawful detainer (eviction) judgment has been entered against the former tenant. For a warehouseman's lien, the park may enforce upon expiration of the required notice to all other persons or entities that may have an interest in the property (such as mortgage holders, other registered owners of the mobile home, or junior and legal owners as well).

Warehouse Liens and the Manufactured Housing Industry (Part 1)

Thousands of them occur every year, and yet very few people have a grasp on what the value or purpose of a warehouse lien sale is. Every state has its own statutory scheme due to the mixed nature of "real and personal" property that is inherit in the manufactured housing industry. Most states' laws operate to provide a powerful remedy to the landlord in light of a default on the payment of rent or utilities, and often times the statutes provide some measure of superiority to the lien a manufactured housing landlord can obtain by virtue of a tenant being in default. There is also a great deal of misunderstanding as to why the procedural requirements for warehouse lien sales being so strictly enforced.

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