If you lose your mobile home eviction case, the judgment not only orders the residents off the property, but the mobile home is “evicted” as well. This is true for all mobile homes on land pursuant to a rental agreement between the owner of the mobile home and the owner of the land.
Once an eviction order is issued, if you do not move the home, it and the personal property inside can be declared abandoned. After 14 days, your home and property may be put up for sale by law enforcement authorities. If it does not sell after two attempts, it will either be transferred to the park operator or destroyed.
Day 1 |
- Judge signs judgment entry which authorizes the removal, sale, transfer or destruction of mobile home and personal property.
|
Day 4 |
- Operator gives notice to owner to remove home within 14 days.
|
Days
4 to 19 |
- Operator searches public records for other persons with possible legal interest in mobile home, compiles list of relatives in estates and lists of personal property with last-known owners.
|
Day 19 |
- Home owner’s last day to remove home.
|
Day 20 |
- Park operator requests Writ of Execution – must certify written notice and search for persons with legal interest.
- Writ issues – law enforcement officials may remove and store or leave on site for sale; if estate case, must follow Probate Court orders.
|
Day 21 |
- Clerk of courts issues warning letter to owner; residents removed from home.
|
Days
21 to 81 |
- Bailiff commences proceedings for sale – notice of sale to owner, notice to persons with legal interest, notice to county auditor and treasurer.
- If value less than $3,000, law enforcement official may order sale or destruction of home or transfer ownership to park operator.
- Publication of sale in paper for ten days prior to sale (R.C. 2329.13(A)(2))
- Sale of home (may be two attempts made) – if no sale, bailiff transfers title to park operator.
|
Day
Before Sale |
- Homeowner’s final right to redeem expires
- Last day for property owners to remove personal property.
|
After sale |
- Distribution of proceeds.
- Court makes “careful examination” of sale – if approved, final judgment entry issues and clear title transferred to buyer.
|
|
|