Obtaining Titles for Abandoned Manufactured Homes in Ohio: What You Need to Know
July 26th, 2023 | By: Ian T. Morton, Esq.
Management of a manufactured housing community is can sometimes prove challenging, especially in the Midwest. One has to address disputes between neighbors, deal with delinquencies, make sure the streets are plowed during the winter, and handle the aftermath of homes that former tenants leave behind. The latter becomes even more complicated depending on the state you are operating in. However, Ohio provides a light at the end of the tunnel.
The state of Ohio lays out very detailed steps and direction on how to obtain title to an abandoned manufactured home that applies to nearly every Municipal court, barring a handful that have set up local rules and procedures. If you want to proceed to get title on a manufactured home that is still in the tenant’s name, you will need to proceed after a judgment (and writ if necessary) has been obtained and executed.
Additionally, you will be most likely asked to provide the following information:
- Copy of the last known title.
- Lease agreement.
- Any information relating to the chain of title.
- If there is no title, a serial number for the home at issue.
- Social security number for the last known titleholder.
Next, you will need to work with your attorney to take the following steps:
- Entry of a Forcible Entry and Detainer Judgment for Possession (and Writ of Restitution if necessary).
- After a judgment (and Writ if necessary) has been obtained, a 14 day letter must be sent to all individuals with an interest in the home.
- A request to the Ohio Bureau of Motor Vehicles (OBMV) must also be done in order to ascertain who the State recognizes as the titleholder(s) of the home.
- A 14 day letter may need to be reissued depending on what the results from the OBMV are.
- Once the 14 days pass and the results come back from the OBMV, an Affidavit that will attest to the value of the home will be signed.
- If the value of the home is under $3,000, no auction is necessary. This Affidavit must also be certified by the Auditor in the County at issue.
- If the value of the home is over $3,000.00, an auction will need to take place and you will need to coordinate with your legal counsel.
Even with the above steps in place in Ohio, as previously referenced, there are still local rules and procedures that can come into play. For example, there is a jurisdiction close to a major metropolitan area by Lake Erie that literally has a twenty-nine-step process for titles. This is just one of many specific examples of why it is important to have legal counsel that is experienced and knows how to navigate these issues. Paletz Law has that experience and knowledge.
The Bottom Line: Owners of manufactured housing communities in Ohio need to be prepared and ready to address issues with abandoned titles. Having experienced legal counsel is the best way to ensure the process gets adhered to properly and ultimately completed.
The information contained in this article is only meant to be a basic overview and should not be construed as legal advice. Readers should not act upon this information without the advice of an attorney. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or otherwise be disseminated without the prior written consent of Paletz Law.