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

UPDATED: Mar 4, 2011

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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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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