Legal Question in Real Estate Law in Illinois

I was awarded a bid for a lot in a private campground in Illinois. The bid contract states that no personal property is being sold. There is a park model trailer on the campsite. What are my options in regards to the structure on the lot?


Asked on 7/21/10, 2:32 pm

1 Answer from Attorneys

Walter Palmer Law Office of Walter Palmer

The trailer is personal property and is not a "structure" and title does not transfer with the lot. The campground specified that no personal property was being sold probably because they knew the trailer was there.

Locate the owner and inform them that you are the new owner of the property and that you charge $XXX.00 a day for storage. Tell them that if it is not claimed within a reasonable amount of time, say six weeks, maybe a month, you will begin legal proceedings to take the trailer and dispose of it at your discretion.

Candidly, the trailer is probably abandoned but you have to give the owner a chance to claim it. The Secretary of State has the record of the title. If the trailer is not paid for (my guess) tell the loan company to come and get it. I also suggest that you tell the loan company about the storage fee I mentioned before. If the loan company tells you they don't want it, it's yours. If, of course, the owner is behind on their payments.

If they are not behind, notify the owner and send a copy to the loan company. I am assuming that the trailer is being purchased via a loan and is being used as security for that loan. I think this is a safe guess, but there is no certainty that it is. While all this is going on do not use it yourself. You may, however, move it to another part of the lot - off to one side.

It would not hurt to notify the Secretary of State''s office about your demand for a storage fee or possession. It would also be a good idea to contact the local police and keep them informed. They might have some ideas as to whether or not there is a better idea. Also, authorities will frequently work with you if you include them early.

Personally, I think that the owner could not keep up with the payments on the trailer and lot. The lot reverted to the campground and the owner abandoned the trailer. Hopefully, there is a loan company who will "repo" it. You have to go through steps and channels, but do not let grass grow under your feet.

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Answered on 7/21/10, 7:01 pm


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