§ 35-12A-11 — Disposition of Proceeds of Sale

(a) The manufactured dwelling community owner may deduct from the proceeds of the sale any of the following:
(1) The reasonable or actual cost of notice, storage, and sale as provided in this chapter.
(2) Unpaid rental fees, but only to the extent that the manufactured dwelling community owner’s lien has priority over the lien of any applicable lienholder.
(3) Reasonable attorneys’ fees and costs.
(b) After deducting the amounts listed in subsection (a), the manufactured dwelling community owner shall remit to the county tax collecting official any property taxes and/or other fees due and shall then remit the remaining proceeds, if any, to the lienholders, if any, to the extent of any unpaid balance owed on any liens on the manufactured dwelling.
(c) After deducting the amounts listed in subsections (a) and (b), as applicable, the manufactured dwelling community owner shall remit to the tenant or owner the remaining proceeds, if any, together with an itemized accounting. If the tenant or owner cannot be found, after due diligence, the remaining proceeds may be interpleaded in any court with jurisdiction or be held and deposited in accordance with Article 2A of Chapter 12.

Legislative History

(Act 2003-516, 2nd Sp. Sess., p. 1537, §1; Act 2014-167, p. 475, §1.)