We have numerous suits where a manufactured home finance company is seeking to repo occupied trailers using a "writ of possession". Civil deputies are asking whether an eviction is required to remove residents/contents from residences. Finance company claims that since notes are for personal property (not real property), it doesn't have to foreclose and since residents are "owners" not tenants, an eviction is not required.
If I consider the action to be like an automobile repo, it seems the finance company can make demand and, if the residents won't make the property available for repo, they might be hindering a secured creditor.
Thoughts?

See 347.355-356 at Finance Code Chapter 347, Manufactured Home Credit Transactions, http://www.statutes.legis.stat...cs/FI/htm/FI.347.htm

Thank you, A. Diamond!

I had not seen this statute:

Sec. 347.355. REPOSSESSION ON DEFAULT. (a) If a consumer is in default, the creditor who possesses the first recorded perfected security interest may repossess the manufactured home.

(b) If the manufactured home is affixed to real property, the creditor, after notice, may remove the manufactured home from the real property in accordance with the applicable provisions of the Business & Commerce Code as if it were personal property.

But am familiar with B&C Code sec. 9.609-610 which provides for repo (as with bank loans on cars).

My deputies' questions concern removal of residents from the home so that repossession can occur. Creditor wants them to remove all persons and belongings from the home and warehouse them (our county doesn't have bonded warehouses). Deputies are reluctant to forcibly remove residents without eviction.

I'm clear that the creditor has a right to repo without breaching the peace, but am trying to clear up deputy's authority to physically remove occupants and their possessions on creditor's behalf when they refuse to leave.