Foreclosure - mobil home
Question Details:
I am a tenant in a mobile home and I recieved forclosure paperwork. What are my rights in South Carolina?
Unfortunately, I am mostly a Criminal Lawyer and a Personal Injury lawyer. I do not have much experience in this area of law. But I feel bad for you since you appear to be a victim of other people's legal problems.
What little I can tell you is that you have no rights with regards to the Foreclosure action itself. That is between the property owner and the bank. However, it is possible that you have some recourse against the Landlord of who you are renting from. That is all I can tell you since you didn't say anything about whether or not you have a lease, if so when it is up, whether it says anything about Foreclosures in it, and so on.
You should call a local attorney that practices Landlord/Tenant law. There is probably a section for this in the back of the attorney yellow pages. It should only be a few minutes on the phone with a lawyer since there really isn't much to these situation legally speaking.
The other thing you might try, is going down to your local Magistrates Court. They have forms for people to use. They are not allow to act like a lawyer and give you legal advise, but they are allowed to give you procedural advise. Maybe asking them a few questions in general about your situation might result in them telling you something useful.
I'm sorry for your situation and I wish you the best.
Believe it or not, there are 23 separate Trespassing statutes in South Carolina. The one that fits your problem is Section 16-11-620. It explains that there are two ways in which one can commit the crime of Trespass.
One, is Trespassing after being notified not to. Usually this is with signs, but can also be a verbal warning (which can be hard to prove), and it can also be done with certified mail.
The second type of Trespass is when they are already on your property and you ask them to leave and they do not.
No, you do not have to wait a certain period of time before the signs take affect. They are fully enforceable the second you hammer the last nail. If someone then Trespasses, you need to immediately call the police. Unfortunatley, the police are given wide discretion in these matters and its possible that they may simply instruct the people to leave and not come back. Then if they return they are certain to be cited for Trespass. If the police come and just issue a warning, make sure you ask for a police report.
You should know that its perfectly legal to photograph your own property and even video tape it.
You should also know that if these people should damage your property in any way, or if they engage in any activity that is illegal, then there are additional criminal statutes that apply to that as well.
I hope this helps.
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Areas of Practice: Criminal Defense & Personal Injury (additional legal services available)