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Mobile Home Park Home Owners Allegiance

Thursday, November 26, 2020 – What is an Unlawful Detainer Lawsuit? It is a legal way for a Kort & Scott Financial Group (KSFG) named business entity to evict you from your mobile home. This usually happens when a mobile home owner hasn't paid all of the monies due on their Sierra Corporate Management (SCM) "Statement".

These monies due on the "Statement" are legally classified (MRL §798.56(e)(1)) as "Rent" and therefore allow KSFG to evict you from your mobile home, that you probably own.

If you don't take your mobile home with you when you're being evicted, e.g. just hitch it up to your vehicle and simply drive away with it, KSFG may obtain possession of it through a Warehouse Lien.

As we continue with our progress, we will be releasing samplings of data regarding evictions in mobile homes parks owned by a KSFG named business entity and managed by Sierra Corporate Management.

Based on our initial review of the data presented, there may be over a thousand of these Unlawful Detainer Lawsuits that have been filed over the past two decades by KSFG named business entities.

Sampling of 478 Eviction Lawsuits
Chronological Order from 2000 through 2018

Note: KSFG DBA Unlawful Detainer Lawsuits have declined significantly since 2017. This could be attributed to changes that have taken place within the KSFG companies. Abraham Arrigotti, past President, departed Sierra Corporate Management in Jul 2016 after 17 years with KSFG companies. It was also reported to the MHPHOA that the KSFG/Hart King (Eviction Attorneys) business relationship may have been severed in late 2017.

Kort & Scott Financial Group and its DBAs, Sierra Corporate Management and all of its culpable employees, affiliates and contractors, are responsible for destroying the financial assets of thousands of lives in California, Arizona, Colorado, Illinois and New Mexico.

The process these mobile home owners went through on the path to a KSFG DBA economic eviction is heart wrenching. The mobile home owners in over 95% of these lawsuits were without an attorney. The KSFG DBAs are represented by a law firm that specializes in mobile home park evictions – thousands of evictions.

Here is the potential fallout for each Unlawful Detainer Eviction won by a KSFG named business entity. Take this and multiply it by 16,000+ mobile home residents and you have the perfect scenario for mass financial abuse, evictions and homelessness, in a once promising niche affordable housing element.

We have a sampling of Unlawful Detainer Lawsuit cases filed by KSFG DBAs for a 10+ year period. Reviewing the cases and the expedited legal process these mobile home owners were subjected to will make you ill. Totaling up the damages awarded to a KSFG DBA is staggering. In addition to the monetary damages being awarded, the KSFG DBA obtains the mobile home through a Writ of Possession and Warehouse Lien.

  1. If the KSFG DBA wins, the mobile home owner (tenant) will have to move. This means hitching up the ole’ mobile home to the Chevy/Buick and driving away – imagine that‽
  2. The court may award the KSFG DBA any unpaid rent if the eviction is based on the mobile home owner’s (tenant’s) failure to pay rent.

    Note: SCM “Statements” include rent, utilities, incidental service charges (minimum $250) and any other charges they want to pass through to you. These charges are continually manipulated to achieve the greatest amount of financial hardship upon the targeted residents.

  3. The court may award the KSFG DBA damages, court costs, and attorney’s fees (if the rental agreement or lease contains an attorney’s fee clause and if the KSFG DBA was represented by an attorney).

    The KSFG DBA mobile home park leases contain a provision that the mobile home owners (tenants) are responsible for any damages awarded by the court.

    The MHPHOA are seeing damages awarded to the KSFG DBAs in amounts of $4,000 or more.

  4. Wage Garnishments: The KSFG DBA can file papers to have a portion of the evicted mobile home owner’s (tenant’s) paycheck garnished, about 25% of take home pay will be withheld.
  5. Levy or Other Nonwage Garnishment on Your Property: The KSFG DBA can take any asset of the mobile home owner (tenant) other than wages through a levy or garnishment.
  6. If the court finds that the mobile home owner (tenant) acted maliciously in not giving up the rental unit, the court also may award the KSFG DBA up to $600 as a penalty.
  7. The judgment won by the KSFG DBA against the mobile home owner (tenant(s)) will be reported on the tenant(s) credit report(s) for seven (7) years.

If the tenant (mobile home owner) doesn't voluntarily move out after the landlord (KSFG named business entity) has properly given the required notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an Unlawful Detainer Lawsuit in Superior Court.

In an eviction lawsuit, the landlord is called the "PLAINTIFF" and the tenant is called the "DEFENDANT."

An unlawful detainer lawsuit is a summary court procedure – this means that the court action moves forward very quickly, and that the time given the tenant to respond during the lawsuit is very short. For example, in most cases, the tenant has only five days to file a written response to the lawsuit after being served with a copy of the landlord's summons and complaint. Normally, a judge will hear and decide the case within 20 days after the tenant or the landlord files a request to set the case for trial.

In an unlawful detainer lawsuit, the court holds a hearing at which the parties can present their evidence and explain their case. If the court finds that the tenant has a good defense, the court will not evict the tenant. If the court decides in favor of the tenant, the tenant will not have to move, and the landlord may be ordered to pay court costs (for example, the tenant's filing fees). The landlord also may have to pay the tenant's attorney's fees, if the rental agreement contains an attorney's fee clause and if the tenant was represented by an attorney.

If the court decides in favor of the landlord, the court will issue a Writ of Possession. The Writ of Possession orders the Sheriff to remove the tenant from the rental unit (your mobile home), but gives the tenant five days from the date that the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the Writ of Possession authorizes the Sheriff to physically remove and lock the tenant out, and seize (take) the tenant's belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit (your mobile home) until after the Sheriff has removed the tenant.

The court also may award the landlord any unpaid rent if the eviction is based on the tenant's failure to pay rent. The court also may award the landlord damages, court costs, and attorney's fees (if the rental agreement or lease contains an attorney's fee clause and if the landlord was represented by an attorney). If the court finds that the tenant acted maliciously in not giving up the rental unit (your mobile home), the court also may award the landlord up to $600 as a penalty. The judgment against the tenant will be reported on the tenant's credit report for seven years.
California Department of Consumer Affairs – Landlord Book – Evictions

If the tenant (mobile home owner) does not file a written response to the landlord's complaint, the landlord (KSFG named business entity) can ask the court to enter a default judgment against the tenant. The tenant then will receive a notice of judgment, and a writ of possession as described above.

In order to properly defend against an Unlawful Detainer action, a defendant has to file a response after the Summons and Complaint is served. The response has to be in the proper legal form. It is not enough to call or write a letter to the landlord. It is also not enough to write a letter to the court. The defendant has to serve you with a copy (usually by mail) and file the response within the deadline. You can read more about responses in the I Have Been Sued page.

If the defendant does not file a response, you may be able to evict the defendant without him or her having a say in the case. This may affect the defendant’s ability to rent in the future because he or she will have an eviction on his or her record. If the defendant owes money for back rent and the defendant does not respond, a landlord may be able to collect the money from the defendant’s paycheck or bank account after there is a judgment in place. An eviction may also affect the defendant’s credit record.

There are several steps to take if the defendant does not respond timely. First you must make sure that the defendant’s time to respond is over. Then you may request that the court enters default against the tenant(s). This can be done by filing a Request for Entry of Default. Once the default has been entered the defendant will no longer be allowed to fight the case in court. The landlord can then ask the court for a judgment for possession of the property and the money that is owed by the defendant. The steps are explained in more detail below.
California Department of Consumer Affairs – Landlord Book – Evictions

A phrase used in Criminal Law to describe conduct that is considered contrary to community standards of justice, honesty, or good morals. Turpitude means a corrupt, depraved, degenerate act or practice that shocks the public conscience.

THE KORT & SCOTT EVICTION ATTORNEY NETWORK

Evictimized by KSFG DBAs