Utility Disconnect After Writ of Possession?

Question

I purchased a mobile home park in need of a complete turnaround (bank owned for 3 years with no oversight - you can imagine).

We sent everyone a 60-Day Notice to Vacate, along with an application for those who wished to apply to stay (also requiring a background check due to the high level of crime). The time is up and we're now doing evictions. The court has ruled in our favor for all we've done and we now have a Writs of Possession for the lots.

I'm wondering if we can now have the utilities disconnected. I understand this is an illegal means of evicting someone, but since we have Writs for the lots, it seems like we should have control over the utilities. The water/sewer company is "looking into it" and the power company says they can't do it.

I don't know if it makes any difference, but the people living in the homes don't own them. Some claim to have bought them, but none have titles in their names. Others are just "squatters." We're working on trying to obtain duplicate titles to resolve this issue, but it's complicated by an elderly lien holder who no longer lives in the area.

Thanks for your thoughts.
Cindy

Patrick L. · Answer

I don't know what the proper process is there but here once I have a Writ I'd just pay the Sheriff's office their fee to serve the writs and remove the tenants.  What are you supposed to be doing at this point and why is it easier to turn off the utilities?  Lack of utilities often won't chase squatters out because it's either stay there or live on the streets.

Cindy McHugh · Answer

Thanks for your replies. We got a good deal on the park, though nothing like what you suggested. It's in a good location, has great infrastructure, and we believe it's worth the effort.

No lockouts...we only own the ground.

I contacted a local property management company, but (understandably), they didn't want to touch it until we get rid of the problems and have leases in place.

Since I posted, I rec'd a call from a friend who said the evicted tenant called her because the water was shut off and she wants me to have it turned back on. She said that when the Sheriff's office served the Writ, they told her she could continue living there until she found a place to move (which I don't believe). I called the Sheriff's office and the woman said they served the Writ, but didn't tell them they had to leave because I wasn't there. She didn't know if they told her they could continue living there or not.(!) I said I thought the Writ told them they had to leave. I called the Magistrate's office (they've been wonderful) and she called the Sheriff's office and got no where. So I called my attorney and he's handling it. So, we'll see...

Thanks again for sharing your input.

Chris Martin · Answer

I don't think lockouts apply... the OP doesn't, as I understand, own the personal property, just the park.

Ryan M. · Answer

Hopefully you bought the park for a song and have deep pockets.

I've seen a few parks turned but its a huge undertaking and very frustrating.

There was a bank owned park here that auctioned, 83 sites, our bid was $113k. A farmer bought it and bull dozed the thing. It's a cornfield now.

Patrick L. · Answer

Here once the Sheriff serves the Writ they have 24 hours to vacate, if they don't leave or are found back on the property again they will be arrested for trespassing.  You will generally need either yourself or a representative present once the Sheriff comes back to confirm they vacated after the writ has been posted so they can put you back in possession.  You may want to contract a local property manager or at least a property preservation company to handle the lockouts and lock changes if you're worried about it.  It's worth the cost to preserve your investment.

Cindy McHugh · Answer

The park has 56 lots; 39 have homes. Some people have complied with our requirements; have been approved to stay; and have signed leases. We've done 6 evictions so far and will possibly have a lot more in the coming weeks.

Ryan M. · Answer

How many lots is this?

Cindy McHugh · Answer

Thanks for your thoughts. The park is in GA, though I'm in NC. We have an attorney who has guided us through the eviction process and I'll give him a call. The idea just came to me yesterday; I called the power company and they said, "no problem," but then called back this morning and said that as long as someone pays the bill, they won't disconnect. The judge gave me permission to remove the home after 10 days, which I pointed out to the power company. They said they'd disconnect it only if I was going to move or demo the home.

The Sheriff's office is serving the writs today or tomorrow. I'm just not convinced that will keep the residents (or others) off the property, especially since I can't change the locks. I thought lack of utilities would help.

Thanks again for the input.

Jon Holdman · Answer

What does your lawyer say?  Seems to me like you would be on shaky ground to cut off utilities, even with the writs.  But I'm not a lawyer and don't know the law in NC.

Utility Disconnect After Writ of Possession?

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