RÉSUMÉ DIGEST
ACT 25 (HB 385) 2021 Regular Session Beaullieu
New law defines "abandoned manufactured home", "abandoned movable property", and
"manufactured home".
New law provides that the owner of immovable property shall have a privilege on any
abandoned movable property, including an abandoned manufactured home not exceeding
$5,000 and not encumbered by a mortgage, lien, privilege, or security interest, placed upon
the immovable property pursuant to a lease agreement in order to secure payment of rent and
other obligations arising under the lease.
New law provides that in the event of default by the lessee and abandonment of the
manufactured home, the owner of the immovable property may enforce judicially all of his
rights under the lease agreement.
New law authorizes the owner to enforce his privilege for the debt due him, by following
certain procedures including removing and replacing any lock on the abandoned
manufactured home and compiling a brief description of the abandoned movable property,
including the serial and vehicle identification numbers of the abandoned manufactured home.
New law provides for the content and delivery of notice in person or by certified mail to the
lessee of the owner's intention to enforce his privilege.
New law provides that actual receipt of the notice shall not be required, and that within 14
days after mailing of the notice, an advertisement of the sale of abandoned movable property
shall be published on at least one occasion in a newspaper of general circulation where the
abandoned manufactured home is located, and further provides for the content of the
advertisement.
New law provides that upon completion of the procedures established by new law, the owner
of the immovable property may file suit for possession or ownership of the abandoned
movable property pursuant to C.C.P. Art. 4912.
New law requires that the owner of the immovable property shall attach to the petition
evidence of the lease agreement, copies of the notice and advertisement, and evidence that
the abandoned movable property is valued at less than $5000. If the serial or vehicle
identification numbers are not known, the owner of the immovable property shall attach
evidence of a physical inspection of the vehicle by a law enforcement officer trained and
certified by the Dept. of Public Safety and Corrections. The owner of the immovable
property shall attest that there is no mortgage, lien, privilege, or security interest encumbering
the abandoned manufactured home based on a search of the parish mortgage records and
records of the Dept. of Public Safety and Corrections, office of motor vehicles. Upon finding
that the owner of the immovable property has satisfied the requirements of new law, the court
shall authorize the sale of the abandoned movable property by the petitioner.
New law provides that any sale or other disposition of the abandoned movable property shall
be held at the address of the immovable property where the abandoned manufactured home
is located and that the owner shall sell the abandoned movable property to the highest bidder,
if any. The buyer takes the property subject to any mortgages, liens, privileges, and security
interests that encumber the abandoned manufactured home.
New law provides that if there are no bidders, the owner may purchase the abandoned
movable property for a price at least sufficient to satisfy his claim for lease payments due and
all other charges, or he may donate the abandoned movable property to charity.
New law authorizes the lessee, prior to any sale or other disposition of abandoned movable
property, to pay the amount necessary to satisfy the privilege, including all reasonable
expenses incurred in order to redeem the abandoned movable property, and that upon receipt
of such payment, the owner shall have no liability to any person with respect to such
abandoned movable property. New law provides that a purchaser in good faith of abandoned movable property sold by an
owner to enforce the privilege takes the property free of any claims or rights of persons
against whom the privilege was valid, despite noncompliance by the owner with the
requirements of new law.
New law provides that the owner may satisfy his privilege from the proceeds of the sale, but
requires the owner to hold the balance, if any, as a credit in the name of the lessee whose
property was sold. Further provides that the lessee may claim the balance of the proceeds
within two years of the date of sale and if unclaimed within the two-year period, the credit
shall become the property of the owner.
New law provides that if the proceeds of the sale are insufficient to satisfy the owner's claim
for lease payments due and other charges, the owner may proceed by ordinary proceedings
to collect the balance owed.
New law provides that after conclusion of the sale, the act of sale of the manufactured home
may be filed with the court, and a judgment recognizing the sale shall be rendered by the
court and recognized by the Dept. of Public Safety and Corrections pursuant to C.C.P. Art.
4912.
Existing law provides that a justice of the peace court shall, within its territorial jurisdiction,
have jurisdiction, concurrent with the parish or district court, over suits for the possession
or ownership of movable property not exceeding $5,000 in value and over suits by
landowners or lessors for the eviction of occupants or tenants of leased residential premises,
regardless of the amount of monthly or yearly rent or the rent for the unexpired term of the
lease.
Existing law provides that a judgment of ownership of a vehicle ordered by a justice of the
peace court shall be recognized by the office of motor vehicles of the Dept. of Public Safety
and Corrections in accordance with the provisions of Chapter 4 of Title 32 of the La. R.S.
of 1950.
New law provides that the provisions of existing law shall also be applicable to suits for
possession and ownership of an abandoned manufactured home not exceeding $5,000 in
value.
Effective August 1, 2021.
(Adds R.S. 9:3259.3 and C.C.P. Art. 4912(A)(3))