Amends TCA Title 29; Title 55, Chapter 4, Part 4 and Title 66.

This bill provides that if an individual has not paid off the remaining balance for the mobile home in which the individual lives, then a lot owner that initiates eviction of the individual living in a mobile home on the lot owner's property must provide notice to the lender of the pending eviction. This notice must include the date by which the individual being evicted must leave the mobile home. However, if the individual who the lot owner sought to evict is permitted to remain in the mobile home beyond the date provided in the notice to the lender, then the lot owner must provide another notice to the lender of the following: <br /> <br /> (A) The new date by which the individual is required to leave the mobile home, if the individual is still required to leave prior to the expiration of the individual's lease or other rental agreement; or <br /> <br /> (B) That the individual is no longer being evicted and the requirements of the lender moving the home do not apply unless a new eviction proceeding is initiated. <br /> <br /> This bill requires that the lender must move the mobile home from the lot owner's property within 30 calendar days of the date the lender received the original notice or notice of a new date in which the individual is required to leave. If a lender fails to move the mobile home as required, then the lot owner is authorized to require the lender to pay rent for the lot on which the mobile home is located until the mobile home is moved. A lot owner is further authorized to bring a civil suit in a court of competent jurisdiction to seek payment of rent from the lender. A court that finds that a lender failed to pay the required rent is authorized to award the full amount of unpaid rent to the lot owner and reasonable costs and attorneys' fees. <br /> <br /> This bill provides that a mobile home is presumed abandoned by the individual who was evicted or the apparent owner if the individual or apparent owner does not move the mobile home within 10 days of the eviction from the lot owner's property. The lot owner is authorized to sell the mobile home at public auction after giving notice: <br /> <br /> (1) Of the time and place of sale, at least 10 calendar days prior to the date of sale, in a newspaper of general circulation within the county where the mobile home is located, or on the lot owner's website; <br /> <br /> (2) To the individual who was evicted; and <br /> <br /> (3) To any other apparent owner of the mobile home.<br /> <br /> This bill defines apparent owner as a person whose name appears on the records of a holder as the owner of property held, issued, or owing by the holder. <br /> <br /> The lot owner is authorized to use the moneys resulting from the sale of the mobile home to pay for unpaid rent, damages, legal costs, or other costs incurred by the lot owner as a result of the abandoned mobile home. The lot owner must then give the remaining moneys left after payment of those costs to the apparent owner of the mobile home. The lot owner may also: <br /> <br /> (1) Allow the purchaser of the mobile home to keep the mobile home on the lot owner's property, including for purposes of habitation in the mobile home; or <br /> <br /> (2) Require the purchaser of the mobile home to move the mobile home upon completion of its sale to the new purchaser.<br />