LibGuides: Manufactured and Mobile Homes: Ohio Laws: Repossession and Replevin

Introduction

Manufactured and mobile homes not classified as real estate may be repossessed or replevined by a secured creditor. Repossession is more extreme because it does not require a court order, but it must be done without breaching the peace. Most courts have held that a secured creditor may not enter the debtor's premises over the objections of the debtor. Since the manufactured home is the debtor's premises, the debtor will probably not give consent. If the debtor will not consent, the creditor will have to resort to a court action called replevin. Replevin is a complicated action. Both debtor and creditor should be represented by an attorney.

Books at the Franklin County Law Library

Anderson's Ohio Civil Practice
Call Number: KFO 530 .A8
Includes forms for complaint pleadings. Chapters 123 and 203 deal with repossession and replevin.
Also available as an ebook for Central Ohio attorneys with a FCLL Library card and from Lexis on the Franklin County Law Library public access computers.
Handling Automobile Warranty and Repossession Cases by Roger D. Billings, Jr.
Call Number: KF 2036 .A8 B55
Publication Date: 2011
Repossessions by Carolyn Carter
Call Number: KF 1058 .C37
Publication Date: 2017
National Consumer Law Center

Reposession

O.R.C. Sec. 1309.609 Repossession
“A secured party may act…without judicial process if it acts without breach of the peace.” This is difficult if the owners are home.
O.R.C. Sec. 1309.612
Whether the mobile home is repossessed or replevied and turned over to the creditor, the secured party must give notice to the debtor. The notice must provide a specific notification of the time and place of any public sale, or reasonable notification of the time after which any private sale or other disposition is to be made. “Reasonable notification” is now defined in R.C. 1309.612 as ten days or more before disposition of the collateral.
O.R.C. Sec. 1309.620
if a debtor has paid either 60% of the cash price in the case of a purchase money security interest in consumer goods, or 60% of the principal amount of the obligation in a nonpurchase money security interest, the collateral must be sold within 90 days. If less than 60% has been paid, the secured party may, after default, propose to keep the collateral in satisfaction of the debt. The secured party must send a written notice of the proposal to the debtor. The debtor has 20 days to respond to the secured party’s proposal, in the form of a written objection. If the secured party receives such notice, the secured party must dispose of the collateral. Absent a written objection, the secured party may retain the collateral in satisfaction of the debt.
O.R.C. Sec. 1309.63
Before the issue of sale is reached, unless otherwise agreed in writing after the default, the debtor has the right to redeem the collateral prior to sale by fulfilling all obligations secured by the collateral as well as the reasonable expenses and attorney fees of the secured party in arranging for the sale.

Replevin

O.R.C. Chapter 2737
Replevin - The notice requirements for repossession apply because replevin is merely a judicial repossession used when the collateral cannot be recovered by self-help methods and its coverage ends once the creditor has recovered the collateral.
O.R.C. Sec. 2737.11
The court must return the property to the debtor who posts proper bond.
O.R.C. Sec. 2737.14
The court may not order a sale of the home in a replevin action. If the debtor cannot post a proper bond, then the home is delivered to the secured creditor as part of a final judgment.

Form

Complaint - Replevin

NOTICE OF APPLICATION FOR ORDER FOR RECOVERY OF POSSESSION
From the Franklin County Clerk of Court