Legal Question in Real Estate Law in Texas
Writ Of Possession
When you go to do a writ of possession on a mobile home where the tenant owns the home, do you have to have a contract with a company to move the home before you file the writ. Have already done the eviction and got judgement and the 30 days are up now and I can file the writ now but do I have to have the contract with a company to move the mobile home when I file.
1 Answer from Attorneys
Re: Writ Of Possession
Wow! This is a really interesting question. The logistics are very complicated. I don't know the answer, but I want you to let me know how it works out. Obviously, you can't move the home with people's "stuff" still attached inside and the home needs to be made ready. If it were me, I think I would try to execute the writ, have the constable there, have my moving-handymen ready to secure the home and remove possessions from the home. Hopefully that would scare the bejeebers out of the mobile home owners to be gone and take care of the move themselves. If they fail to move the mobile home, then you could contract with the company to move the home. However, I really don't think you should incur that expense because it would be virtually unrecoverable in the form of an uncollectible judgment (blood out of a turnip theory). If the constable will evict without the home being moved, then I would wait to see if they abandon the home and sell it on ebay or give it to someone who will haul it off. To find an answer to your question, I would start with a phone call to the local constable. Don't forget to let me know what happens.
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