Legal Question in Real Estate Law in California
land has been forclosed on but we own the mobile home it is on, what can we do?
3 Answers from Attorneys
If this is in a mobile home park, then the new owner of the park has to recognize your lease of the space and must let you stay (unless you are in default on the rent). Outside of a park, either make a deal with the new owner of the land (the buyer at foreclosure), or move the home. Moving the home in California is going to be a very, very serious problem if you live anywhere near a high-fire hazard area, as there are now prohibitions against installing older homes onto land in high-fire hazard areas. Check HCD's website at www.hcd.ca.gov for more information on the new fire regulations.
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You are entitled to a 90 day notice to vacate if you leased the land and have proof of the lease and are current in the rent. Contact me directly,
The issue is whether or not the mobilehome has become a fixture to the land.
A mobilehome that is not affixed to land is personal property. (Civ. Code, secs. 658, 663.) If it is personal property, and is not part of the security, you may move it.
If it is a fixture, it is part of the real property. A mobilehome may be installed on a foundation systerm as either a fixture or a improvement to real property or as personal property. (Health & Safety Code, sec 18551.) To be considered a fixture or improvement to real property, a mobilehome must either be insalled as such in accordance with statutory requirements (Health & Safety Code section 18551 subd. (a) or be legally converted to that status by complying with Health & Safety Code, sec. 18555. (Health & Safety Code, sec. 18555 subd. (i).)