Legal Question in Real Estate Law in California

lien on mobile homes

How do you file a lien on a mobile home in a park where the owner doesnt own the land?


Asked on 11/04/08, 8:52 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: lien on mobile homes

It depends. If this is a consentual lien (the owner of the home is going to give you a lien), the its very much like title to a car. The title to manufactured and mobile homes is handled by Housing and Community Development (HCD) and you can go on their website to find a local office. Go to the office and get the forms you need to place the lien on the home. Generally, the owner of the home will hand over to you the original Certificate of Title and sign some other forms for HCD. Take all the papers back to the HCD office, and they will issue a new title showing you as "legal owner" which means you now have a first priority lien on the home. Also, HCD will send you the new original certificate of title which you hold as additional security.

If you are not talking about a consentual lien, then you probably have to go through the process of obtaining a judgment, then go through the process of recording a lien against all property owned by the debtor in the county in which it is located. That process is too long to discuss here. Finally, if you are the park owner, then there are an entirely other set of remedies available to you - call my office as we practice extensively in this area.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/05/08, 12:13 pm


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