REPOSSESSION OF MANUFACTURED HOME
When a debtor has defaulted on his obligations, gaining possession of a manufactured home (that is freestanding and not associated with the land on which it is situated) may be accomplished in one of two ways.
If the debtor has vacated the manufactured home, then the creditor may simply repossess the home in a peacable manner. However, if the debtor has defaulted and remains in the manufactured home, then the creditor must proceed with a judicial foreclosure:
- After default by Debtor, Creditor drafts/mails Notice of Intent to Accelerate giving Debtor thirty (30) days to cure debt and any other additional fees;
- If Debtor fails to cure debt within the thirty (30) day period, Creditor drafts/mails Notice of Acceleration to Debtor;
- After acceleration, Creditor shall file a lawsuit in District Court seeking a judgment for the past due payments and possession of the home via a writ;
- If Debtor fails to answer said suit, then Creditor may obtain a default judgment and proceed with the writ of possession if Debtor is still in possession of manufactured home