Mechanics liens and mobile homes

 

Las Vegas Mobile Home Attorney

Serving Clark County, Nevada

 

  

 

 

 

 

 

 

 

MECHANIC LIENS

 

If you are a tradesman who plans to install or work on a mobile home and want to secure payment, it is important to follow the proper mechanicÕs lien process, which is partially explained in the statutes below:

 

NRS 108.270  Lien for labor, materials, storage or services; detention of vehicle, trailer, recreational vehicle, mobile home, manufactured home, aircraft, equipment or parts.  Subject to the provisions of NRS 108.315:

      1.  A person engaged in the business of:

      (a) Buying or selling automobiles;

      (b) Keeping a garage or place for the storage, maintenance, keeping or repair of motor vehicles, motorcycles, motor equipment, trailers, mobile homes or manufactured homes, including the operator of a salvage pool; or

      (c) Keeping a mobile home park, mobile home lot or other land for rental of spaces for trailers, mobile homes or manufactured homes,

æ and who in connection therewith stores, maintains, keeps or repairs any motor vehicle, motorcycle, motor equipment, trailer, mobile home or manufactured home, or furnishes accessories, facilities, services or supplies therefor, at the request or with the consent of the owner or the ownerÕs representatives, or at the direction of any peace officer or other authorized person who orders the towing or storage of any vehicle through any action permitted by law, has a lien upon the motor vehicle, motorcycle, motor equipment, trailer, mobile home or manufactured home or any part or parts thereof for the sum due for the towing, storing, maintaining, keeping or repairing of the motor vehicle, motorcycle, motor equipment, trailer, mobile home or manufactured home or for labor furnished thereon, or for furnishing accessories, facilities, services or supplies therefor, and for all costs incurred in enforcing such a lien.

      2.  Subject to the provisions of NRS 108.315, a person engaged in the business of keeping a recreational vehicle park who, at the request or with the consent of the owner of a recreational vehicle or the ownerÕs representative, furnishes facilities or services in the recreational vehicle park for the recreational vehicle, has a lien upon the recreational vehicle for the amount of rent due for furnishing those facilities and services, and for all costs incurred in enforcing such a lien.

      3.  A person who at the request of the legal owner performed labor on, furnished materials or supplies or provided storage for any aircraft, aircraft equipment or aircraft parts is entitled to a lien for such services, materials or supplies and for the costs incurred in enforcing the lien.

      4.  Any person who is entitled to a lien as provided in subsections 1, 2 and 3 may, without process of law, detain the motor vehicle, motorcycle, motor equipment, trailer, recreational vehicle, mobile home, manufactured home, aircraft, aircraft equipment or aircraft parts at any time it is lawfully in the personÕs possession until the sum due is paid.

      [1:95:1943; A 1949, 358; 1943 NCL ¤ 3779.01]—(NRS A 1961, 483; 1973, 1111; 1983, 1038; 1991, 1717; 1993, 2037; 1997, 2864)

      NRS 108.272  Notice.

      1.  Except as otherwise provided in subsection 2, the notice of a lien must be given by delivery in person or by registered or certified letter addressed to the last known place of business or abode of:

      (a) The legal owner and registered owner of the property.

      (b) Each person who holds a security interest in the property.

      (c) If the lien is on a mobile home or manufactured home, each person who is listed in the records of the Manufactured Housing Division of the Department of Business and Industry as holding an ownership or other interest in the home.

æ If no address is known, the notice must be addressed to that person at the place where the lien claimant has his or her place of business.

      2.  Any person who claims a lien on aircraft, aircraft equipment or parts shall:

      (a) Within 120 days after the person furnishes supplies or services; or

      (b) Within 7 days after the person receives an order to release the property,

æ whichever time is less, serve the legal owner by mailing a copy of the notice of the lien to the ownerÕs last known address, or if no address is known, by leaving a copy with the clerk of the court in the county where the notice is filed.

      3.  The notice must contain:

      (a) An itemized statement of the claim, showing the sum due at the time of the notice and the date when it became due.

      (b) A brief description of the motor vehicle, airplane, motorcycle, motor or airplane equipment, trailer, recreational vehicle, mobile home or manufactured home against which the lien exists.

      (c) A demand that the amount of the claim as stated in the notice, and of any further claim as may accrue, must be paid on or before a day mentioned.

      (d) A statement that unless the claim is paid within the time specified the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, trailer, recreational vehicle, mobile home or manufactured home will be advertised for sale, and sold by auction at a specified time and place.

      4.  The lienholder shall determine a day for the purposes of the demand in paragraph (c) of subsection 3. The day mentioned must be:

      (a) Not less than 10 days after the delivery of the notice if it is personally delivered; or

      (b) Not less than 10 days after the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.

      (Added to NRS by 1983, 1037; A 1985, 237; 1991, 1718; 1993, 235, 2038, 2042; 1995, 669)

      NRS 108.2725  Liens on mobile homes and manufactured homes: Additional requirements for notice.  In addition to the requirements set forth in NRS 108.272, the notice of a lien on a mobile home or manufactured home must include:

      1.  The amount necessary to satisfy the lien; and

      2.  A description of the legal proceeding available to contest the lien pursuant to NRS 108.350 and 108.355.

      (Added to NRS by 1991, 1716)

      NRS 108.273  Liens on mobile homes and manufactured homes: Forms of notices to be provided by Manufactured Housing Division; use of forms.

      1.  The Manufactured Housing Division of the Department of Business and Industry shall provide a notice of lien on a mobile home or manufactured home and a notice of a sale by auction of a mobile home or manufactured home that complies with the requirements of NRS 108.270 to 108.367, inclusive.

      2.  A notice of lien on a mobile home or manufactured home or a notice of a sale by auction of a mobile home or manufactured home must be made on a form provided by the Manufactured Housing Division of the Department of Business and Industry.

      (Added to NRS by 1991, 1716; A 1993, 1506)

      NRS 108.2735  Liens on mobile homes and manufactured homes: Expiration.  A lien asserted against a mobile home or manufactured home expires 1 year after it is filed with the Manufactured Housing Division of the Department of Business and Industry.

      (Added to NRS by 1991, 1717; A 1993, 1506)

Few lawyers in Nevada handle issues related to mobile homes. 

Call us to assist with your mobile home title concerns regarding mobile homes, modular homes, manufacture homes, trailers, trailer parks, and trailer estates.

 

 

 

 

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