Legal Question in Landlord & Tenant Law in California

Re: mobile home here are the clear facts

Mobile homes are unusual, and can't be compared with regular houses.

A mobile home, when in a park, is frequently owned by the person who lives in the home, but still must rent the space in the park.

Therefore, even though you own the home, rent must be paid.

Even though you weren't present, and you sold to a person who didn't live up to the payment arrangements, you must either find the lady who "stiffed" you, or pay the back rent yourself.

I have no idea what the lawyer you talked to was referring to, but perhaps he didn't understand landlord tenant law.

The owner of the park can seize your property. I know you are out money, but you have to pay the back rent.

Good luck! Thanks for straightening this out. (For those just reading this, the question was asked several days ago, but was impossible to understand.)

Re: mobile home here are the clear facts

Unfortunately, the facts you present still are not that clear! if I understand you correctly, you agreed to sell the mobile home to the other person but that title wold not pass until she finished all the payments. So it is like the sale of a car where the dealer keeps a legal interest in the property. You did not transfer title to her.

i do not know enough about mobile homes, but I assume what the Judge and lawyer meant was that you could repossess the mobile home much as a car dealer does with the car he "sold". Without trespassing onto the mobile home property, I guess you can enter the mobile home, store her possessions and notify her of there location, and change the locks and retake possession of the home. It is not akin to a landlord evicting a tenant who has to get an eviction order,except that in both situations if the tenant/buyer abandon the place you are allowed to re-enter and regain possession.

Talk to the "buyer" and find out what her intentions are. If she will not speak to you, send her a certified letter setting out the facts of the situation and that it appears to you that she has abandoned the home and she must contact you within ten calendar days if she disagrees that she has abandoned the home.

Then record a judgment lien against her new house [if you are unsure of the address, look under her name in the county recorder's office for the sale transaction in which bought a house and it will list the address of the house]. Sue her for any damages you did not claim in the earlier suit [you might not be entitled to damages you knew about at the time of the first suit but did not seek against her].

Hope the above helps.