WHAT ARE THE OPTIONS FOR COLLECTING RENT FROM A SECURED PARTY UNDER BANKRUPTCY (IT NOW TAKES OVER 90 DAYS). WHAT ARE THE OPTIONS FOR A. MOBILE HOME B. RV/TRAVEL TRAILER. CAN YOU REMOVE A RV FROM A SPACE TO RENT IT?

As a secured party has to have a “right to possession” of a mobile home, a bankruptcy abates such right as there is an automatic stay imposed on a foreclosure action by a secured party after a tenant files a petition for bankruptcy. A secured party must pay rent to a park owner if the secured party notice is received by the secured party prior to the bankruptcy petition being filed. However, the secured party becomes the “tenant” under RCW 59.20.074 and is obligated to pay the prospective rent regardless of the tenant’s bankruptcy status under this scenario.

Nothing stated above depends on whether the tenant is in a manufactured home or a recreational vehicle if the RV is the primary residence of the tenant and subject to the MHLTA. If the RV is subject the MHLTA it is treated just like a manufactured home.

You can not remove a RV from a lot unless it is abandoned or a just cause eviction. If the RV is truly exempted (as it is mobile and not the primary residence the tenant), recreational vehicle evictions are governed by another statute and not by the Mobile Home Landlord-Tenant Act. However there still has to be an eviction or abandonment to remove the RV.