If someone abandons a modular home on your property, how can you legally have it removed?

Get Legal Help Today

 Secured with SHA-256 Encryption

If someone abandons a modular home on your property, how can you legally have it removed?

Had a court case where the modular was supposed to be removed from real estate; lady filed bankrupt in 07/10 and turned the modular back over to the bank. The judge cleared the real estate back to me in 11/10 and the bank was supposed to remove the modular. I want to sell my land but the modular is still sitting there. What can I do?

Asked on March 4, 2011 under Real Estate Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may not have waited a sufficient amount of time to have the modular cleared by your own means.  Sometimes, each state has specific time periods (by statute) that it considers to be abandoned property. You need to check with your state's treasurer department to determine if it has specific statutes to point you to. The next thing is to contact the bank (verbally, in person, in writing or a combination thereof) and give the bank notice it needs to move the item at their expense per the court order.  If the bank indicates to you it considers now to be abandoned property (i.e., the bank abandoned it), have the bank put that in writing and send to you via certified or registered mail. This way, you have proof when you sell it, or tear it down.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption