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MHCO Article Topics

Abandonment

Using MHCO Form 30 (Abandonment Form) and Form 30A (Personal Property Abandonment)

Phil Querin Questions & Answers
Phil Querin

Mobile and manufactured homes are personal property. They are only treated as a part of the land (i.e., as “real property”) when properly sited on a lot or parcel owned by the owner of the home and approved by the local authorities. Then, a deed to the land conveys the manufactured home as well, since they are combined under a single ownership.

Searching for Lien Holder - Security Interest for a Manufactured Home

Community Update
Chuck Carpenter

By Phil Querin, MHCO Legal Counsel, Querin Law, LLC

Under Oregon law, a security interest on a manufactured home must be recorded on the structure’s Ownership Document. (ORS 446.571(3)). The Oregon Department of Consumer and Business Services administers the Manufactured Home Ownership Document System, available at mhods.oregon.gov.

Phil Querin Q&A - Home Sells During Abandonment

Phil Querin Questions & Answers
Phil Querin

Answer: [Note: This answer presumes that the landlord has legally declared the abandonment, and following the statute regarding issuance of the 45-day letter. It also presumes that there are no liens on the home, since they would have prior right to determine what happens.]

 

Phil Querin Q&A - Death of Resident and an Uncooperative Estate

Phil Querin Questions & Answers
Phil Querin

Answer: This sounds like an episode from a Jerry Springer reality show! Your question doesn'tmake it clear whether the estate was formally filed for probate in court, in which case this "Administrator" would be subject to court supervision and would have to have a bond.

Phil Querin Q&A - Storage Agreement and Lienholder Rights

Phil Querin Questions & Answers
Phil Querin

Answer: After sending or delivering the 45-day abandonment letter, a landlord is required to store the home on the rented space and shall exercise reasonable care for it; and is entitled to reasonable or actual storage charges and costs incidental to storage or disposal. The storage charge may be no greater than the monthly space rent last payable by the tenant.

Mark Busch Q&A - RV Abandonment

Mark Busch Questions and Answers
Mark L. Busch

Answer: So long as the park reasonably believes under all the circumstances that the tenant has left behind the RV with no intention of asserting any further claim to it, the park does not need to file an eviction action. Instead, the park can treat the RV as abandoned property and issue an abandoned property notice.