Frequently Asked Questions
Maybe you have a few questions. Most people do! Here’s a quick collection of some of the questions people ask us, along with our answers. If you still have a question, don’t hesitate to contact us and we’ll be happy to answer it for you.
What if the home needs repairs?
No problem. We buy homes as-is so there is no need to make repairs. We buy all types of homes, in just about any condition.
Can I sell my home if I’m in an eviction?
Yes, you can! As the owner you have the right to sell your home. After an eviction, the park is likely to file for abandonment to obtain title to the home.
If you are in eviction, contact us as soon as possible to see how we can help. In addition to buying homes for cash, we can help with your move by advancing you cash, allowing you to pay for storage, moving trucks, moving assistants, and get you more time to move.
What if I owe taxes on the home?
Taxes must be paid current to affect a title transfer. The Maricopa County Assessor Office does have an online portal for payment, however, it may take several days for the payment to post. UNTIL TAXES ARE POSTED AS CURRENT TITLE CANNOT BE TRANSFERRED. If the title transfer is urgent, a tax clearance letter must be obtained directly from the Assessor’s Office, and this letter must be presented to the MVD agent prior to title transfer.
What if I inherited a mobile home?
You cannot simply assume that you can move in or stay unless you were already on the park lease. You may legally take title to the home, but are responsible for monthly rent until the home is sold. Additionally, the buyer of the inherited mobile home must qualify for park rent, or notify the park of their intent to move the home.
What if I want to stay in the mobile home?
Under the right circumstances, we may be able to accommodate your needs. If the park management is willing to work with us, we may be able to bring your account current and halt an eviction. Every situation is different, but we will look at all options available.
What if I’m buying another home?
If you’re selling your mobile home with the intent of buying another home, we can help. Paying for two homes at the same time can be difficult. We can buy your home, take over lot rent, and allow you to have enough time to move to your new home. We work with you based on the schedule you need.
What is abandonment?
After the Justice Court Constable delivers the eviction writ, the owner of the land will likely file for abandonment of the property (mobile home). The park owners file for abandonment an effort to secure and recoup the monies owed to them and have the legal right to do so. Arizona Revised Statutes Title 33 provides the outline for this process.
ARS 33-1478. Remedies for abandonment; required registration
A. If the tenant abandons the mobile home unit on a mobile home space, it is incumbent upon the landlord to locate the legal owner or lienholder of the mobile home unit within ten days and communicate to him his liability for any costs incumbered for the mobile home space for such mobile home unit, including rent and utilities due and owing. However, the landlord shall be entitled to a maximum of sixty days’ rent due prior to notice to lienholder. Any and all costs shall then become the responsibility of the legal owner or lienholder of the mobile home. The mobile home unit may not be removed from the mobile home space without a signed written agreement from the mobile home park landlord, owner or manager showing clearance for removal, showing all monies due and owning paid in full, or an agreement reached with the legal owner and the landlord.
ARS 33-1481. Remedy after termination
A. If the rental agreement is terminated, the landlord may have a claim for possession of the mobile home space and for rent and a separate claim for actual damages for breach of the rental agreement.
B. In the execution of any writ of restitution issued pursuant to section 12-1178 or 12-1181, the landlord may provide written instructions to the sheriff or constable not to remove the mobile home from its space, and if those written instructions are provided, the sheriff or constable may fully execute the writ of restitution by removing all occupants and their possessions from the mobile home and from the space it occupies. The mobile home shall then be deemed abandoned and section 33-1478 applies and the landlord may terminate any utility services that are provided by the landlord. An owner of a mobile home in compliance with the provisions of subsection C of this section may recover possession of the owner’s mobile home while the title remains in the owner’s name.
What is a Constable?
In Maricopa County a Constable provides the public with timely and efficient service of process that are issued through the Justice Courts. Constables are officers of the courts that serve Orders or Protection, Subpoenas, Summons, and Writs of the Court such as evictions and property seizures.
What about the park’s “First Right of Refusal”?
First Right of Refusal is a contractual clause intended to give the park the right match any purchase offer received by their residents. An example of this clause in a contract may read like this:
Right of First Refusal. If the Resident/Lessee desires to sell his mobile home within the Park, the Lessee shall serve written notice upon the Lessor of Lessee’s attempt the sell their mobile home. The notice must contain the names and addresses of the bona fide prospective purchasers, the proposed purchase price, and a full and exact disclosure of the material terms and conditions of such sale (if available, a copy of the then existing Contract shall be submitted to Lessor with said notice). Upon actual receipt of the Notice by the Lessor, they shall have 48 hours thereafter, not including Saturdays, Sundays or Legal Holidays, in which to notify the Lessee of Lessor’s intent to purchase based upon the sales, terms and conditions as set forth in said sale. If Lessor rejects that offer or fails to notify the Lessee within said time, such failure shall be construed as a rejection and Lessee may sell their mobile home to the persons named in the Notice upon the terms and conditions set forth, so long as the prospective Resident meets the other reasonable requirements of the Landlord. In the event Lessor rejects said offer and if thereafter any term or condition of the proposed sale is altered, modified or otherwise changed, then Lessee must submit an additional written notice to the Lessor affording the Lessor an opportunity with an additional 48 hours after actual receipt to accept or reject the purchase based upon the changed, altered, or modified terms. Saturday, Sunday, or Legal Holidays shall not be included in the 48 hour time requirement.
NONE OF THE ANSWERS TO THE FAQs SHOULD BE CONSTRUED AS LEGAL ADVICE. IF YOU NEED LEGAL ASSISTANCE, PLEASE CONSULT AN ATTORNEY. FOR EDUCATIONAL PURPOSES YOU MAY WISH TO REFER TO THE ARIZONA MOBILE HOME PARKS RESIDENTIAL LANDLORD AND TENANT ACT LINKED HERE.
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