Issue link: https://read.dmtmag.com/i/657319
APRIL 2016 6 THE JOURNAL No. 4 on Get It Quick Page OMHA Testifies Before Ohio Legislature on Removal of Abandoned Homes in Parks OMHA Executive Director Tim Williams tes- tified recently before the Ohio House of Repre- sentatives' Financial Institutions, Housing and Urban Development Committee in support of HB 273. HB 273 strengthens existing aban- doned manufactured home law enacted in 2003 and further enhances the removal of abandoned manufactured homes valued at less than $3,000 in parks while maintaining appropriate due process protection for potential claimants. Williams told legislators in his testimony, "current Ohio abandoned mobile and manufac- tured home law allowing the removal of valueless (less than $3,000 valuation) abandoned mo- bile/manufactured homes is not working as in- tended in some respects. When the abandoned mobile and manufac- tured homes laws were first enacted in 2003, it was established in a number of Ohio counties that an affidavit from the community operator to determine the home's value would suffice since that operator best knew the value of the home. The courts were satisfied the park operator ac- cepted liability for his or her opinion by signing the affidavit. Approximately half the courts in Ohio have allowed this affidavit valuation method. However, a number of other courts require upwards of 3 appraisals at a cost of as much as $500 to the park operator to appraise the home with their court appraisers. This is in addition to the costs of the eviction, motions and the relat- ing filing fees. It is not uncommon for these col- lective costs to exceed $1,000 for a home that is intended to be removed or destroyed. Conse- quently, HB 273 will recognize that affidavits are a legitimate method of valuing abandoned homes along with the county auditor's review of these affidavit values". Williams further testified, "one of the more pressing needs occur when a deceased resident leaves behind a home that is valued at $3,000 or less, which is the current threshold for ob- taining title to dispose of the home. Current law offers the park operator only two choices: first, to open a creditor's probate estate at an approxi- mate cost of $2,500 while experiencing typically six months of probate proceedings --or evict the deceased resident and wait one year from the date of the eviction whereupon the courts will grant title to the park operator. The vast majority of abandoned manufactured homes are seldom probated due to the low value of $3,000 or less. Consequently, the deceased's "beneficiaries" walk away from the home. For the park operator to open a "creditor's" probate estate is cost prohibitive as compared to the value of the abandoned home. " The legislation also permits the home to stay in the park until titled ownership can be resolved in lieu of being ordered in some cases to move the nearly valueless home to a storage facility at costs exceeding the home's value. HB 273 also clarifies that a sheriff or bailiff can only charge: "reasonable" costs in executing the writ for title. Under current law – and as inter- preted by 86 counties in Ohio – the lienholder receives at least two statutory notices that permit the lienholder to in- \ 8