In Re: Abandoned Mobile Home of Louis P. Adams
Notice of Hearing
A hearing on The Housing Foundation, Inc.'s Verified Complaint to declare as abandoned the mobile home of Louis P. Adams located at the Birchwood Manor Mobile Home Park, Lot #121, 48 Mansfield Road in Milton, Vermont and to authorize the sale by auction has been scheduled on December 15, 2023 at 11:30 a.m. You may participate in the hearing either in person at the Vermont Superior Court, Chittenden Unit, Civil Division located at 175 Main Street in Burlington, Vermont or remotely via WEBEX video. The WEBEX Login Information is as follows:
App: Cisco Webex Meetings
Website: https://vtcourts.webex.com
Meeting Number: 129 647 6521
Password: CIVIL2
If you do not have a computer or sufficient bandwidth, you may call (802) 636-1108 to appear by phone. (This is not a tollfree number). When prompted enter the meeting ID number listed above, followed by the pound symbol (#). You will be prompted to enter your attendee number (which you do not have). Instead, press pound (#). If you have technical difficulties, call the Court at (802) 863-3467.
Date: November 17, 2023 Nancy L. Bean, Judicial Assistant
Verified Complaint for Abandonment
Pursuant to 10 V.S.A. § 6249(h) (Auction)
Now Comes The Housing Foundation, Inc. ("HFI"), by and through its counsel Nadine L. Scibek, and hereby complains as follows:
1. HFI, a Vermont non-profit corporation with a principal place of business in Montpelier, County of Washington, State of Vermont, is the record owner of a mobile home park known as the Birchwood Manor Mobile Home Park (the "Park") located in the Town of Milton, Vermont. The Park is managed by the Vermont State Housing Authority.
2. Louis P. Adams ("Adams") is the record owner of a certain mobile home described as a 1990 Skyline, Jay mobile home, bearing serial No. 1816-05122 (the "Mobile Home"), located on Lot #121, Birchwood Manor Mobile Home Park, 48 Mansfield Road in Milton, Vermont (the "Lot"). See attached Vermont Mobile Home Uniform Bill of Sale.
3. Adams' father Donald Adams leased the lot in the Park for the mobile home from HFI pursuant to a written lease. HFI is holding a security deposit of $333.00. See attached Lease.
4. Donald Adams is deceased. His date of death is July 19, 2021. An estate for Donald Adams was opened in the Vermont Superior Court, Chittenden Probate Division and the Mobile Home was conveyed to Adams on April 20, 2022.
5. Adams did not notify HFI when he became the record owner of the Mobile Home.
6. The last known legal occupants of the Mobile Home were Nancy Colman & Christian Colman who were listed Donald Adams' lease with HFI's as authorized occupants. The Colmans vacated the Mobile Home in December, 2022. The mobile home has been unoccupied and abandoned since that time.
7. HFI's Counsel contacted the Office of Atty. Paul Morwood, attorney for the Estate of Donald Adams. Atty. Morwood's office provided a last-known mailing and email address for Adams. On September 15, 2023 HFI's Counsel communicated in writing to Adams via email and 1st Class Mail. HFI's Counsel received no response from Adams. See attached.
8. In August, 2023 Property Manager Thomas Young called Adams. Adams advised that he does not want the Mobile Home and that he was going to send the keys to his mother who lives in Vermont so that Mr. Young obtain the keys from her. There was no further communication from Adams.
9. The following security interests, mortgages, liens and encumbrances appear of record with respect to the mobile home:
a. Adams is in arrears on obligations to pay property taxes to the Town of Milton, Vermont in the aggregate amount of $1,856.06, plus interest and penalties. The delinquent property taxes are now a lien on the property. See attached Tax Bill & Delinquent Tax Report.
10. Uriah Wallace, a duly licensed Vermont auctioneer, is a person disinterested in the Mobile Home and the mobile home park who is able to sell the mobile home at a public auction.
11. Mobile home storage fees continue to accrue at the rate of $389.00 per month. Rent, storage fees and late charges due the Park as of November, 2023 total $4,846.25. Court costs and attorney's fees incurred by the Park in this action currently exceed $750.00.
12. The Park sent written notice by certified mail to the Town of Milton on September 15, 2023 of its intent to commence this abandonment action. See attached.
WHEREFORE, the Park Owner respectfully requests that the Honorable Court enter an order as follows:
1. Declare that the mobile home has been abandoned;
2. Approve the sale of the mobile home at a public auction to be held within 15 days of the date of judgment, pursuant to 10 V.S.A. § 6249(h); and
3. Grant judgment in favor of the Park Owner HFI and against the mobile home for past due and unpaid rent and mobile home storage charges through the date of judgment, together with HFI's court costs, publication and mailing costs, auctioneer's costs, winterization
costs, lot cleanup charges, attorney's fees incurred in connection with this matter and any other costs incurred by HFI herein.
DATED this 16th day of November, 2023.
The Housing Foundation, Inc.
BY: Nadine L. Scibek
Attorney for HFI
I declare that the above statement is true and accurate to the best of my knowledge and belief. I understand that if the above statement is false, I will be subject to the penalty of perjury or other sanctions in the discretion of the Court.
November 16, 2023 By: Thomas Young, Duly Authorized Agent for HFI