IN RE: ABANDONED MOBILE HOME OF SHARRON FLANIGAN
NOTICE OF HEARING
A hearing on The Housing Foundation, Inc.'s Verified Complaint to declare as abandoned the mobile home of Sharron Flanigan, located at the Mountain View Mobile Home Park, Lot #13, 19 Bear Lane in Hinesburg, Vermont and to authorize the sale by auction of said mobile home has been scheduled on May 10, 2022 at 11:15 a.m. To participate in this remote hearing, the WEBEX Login Information is as follows:
App: Webex Meeting
Meeting Number (access code): 129 647 6521
If you do not have a computer or sufficient bandwidth, you may call 1-408-418-9388 to appear by phone. (This is not a tollfree number). You will then enter the meeting number and password listed above. If you have technical difficulties, call the Court at (802) 863-3467.
Date: April 25, 2022 Civil Division Clerk
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 Mountain View Mobile Home Park (the "Park") located in the Town of Hinesburg, Vermont. The Park is managed by the Vermont State Housing Authority.
2. Sharron Flanigan ("Flanigan") is the record owner of a certain mobile home described as a 1979 Skyline, Homette, 14' x 70', bearing serial No. 0316-127N (the "Mobile Home"), located on Lot #13, Mountain View Mobile Home Park, 19 Bear Lane in Hinesburg, Vermont. See attached Vermont Mobile Home Uniform Bill of Sale.
3. Flanigan leased a lot in the Park for her mobile home from HFI pursuant to a written lease. HFI is holding a security deposit of $200.00. See attached Lease.
4. Flanigan is deceased. Her date of death is October 27, 2020. See attached Death Certificate.
5. A probate estate for Flanigan was opened in the Vermont Superior Court, Chittenden Probate Division on December 8, 2020 and Flanigan's daughter Laurie A. Meunier was appointed as Fiduciary for the Estate of Sharron Flanigan. See attached Certificate of Appointment of Fiduciary.
6. The Estate of Sharron Flanigan was closed and the fiduciary, Laurie A. Meunier was discharged by Entry Order of the Probate Court on July 21, 2021 per Probate Register Debra Brunell. There is no record that the mobile home was ever sold or conveyed by decree of the Probate Court. See attached Entry Order from Chittenden Probate Court closing Estate and discharging Fiduciary.
7. The last known legal occupant of the Mobile Home was Flanigan. The last known unauthorized occupant of the mobile home was Donald Francis (Flanigan's son) who was evicted from the mobile home on November 1, 2021 by Court Order pursuant to 12 V.S.A. § 4853b. See The Housing Foundation, Inc. v. Francis et. al., Vermont Superior Court, Chittenden Civil Division, Case No. 21-CV-02526. The mobile home has been unoccupied and abandoned since the Writ of Possession was executed by the Chittenden County Sheriff's Department.
8. HFI's counsel communicated via telephone on December 23, 2021 with Laurie A. Meunier (Flanigan's daughter and the fiduciary of the Estate) to determine her intentions with respect to the Mobile Home. Ms. Meunier indicated that they never did anything with the mobile home because she thought the State became the owner once her mother died. Ms. Meunier stated that she was not willing to reopen the estate. HFI's counsel informed Ms. Meunier HFI would commence abandonment proceedings.
9. The following security interests, mortgages, liens and encumbrances appear of record with respect to the mobile home:
a. Flanigan is in arrears on obligations to pay property taxes to the Town of Hinesburg, Vermont in the aggregate amount of $239.68, 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 $463.00 per month. Rent, storage fees and late charges due the Park as of April, 2022 total $7,342.00. Court costs and attorney's fees incurred by the Park in this action currently exceed $2,000.00.
12. The Park sent written notice by certified mail to the Town of Hinesburg on December 23, 2021 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 20th day of April, 2022.
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.
April 20, 2022
By: Thomas Young, Duly Authorized Agent for HFI