Legal Question in Real Estate Law in California

Did he stop paying the lender on the home, or the park for space rent on which the home was located? They are two different scenarios. I'll assume from the comment that he cannot afford to move the home that he stopped paying the park in which the home is located for space rent. In that case, after the park has technically evicted your brother and his mobile home, obviously the home has not left as is required by the Court in the eviction. The park owners may then begin to charge "storage" fees because the home remains on their space. Additionally, the park owner has what is referred to as a "warehouseman's lien" against the home for the unpaid park rent and utilities.

The park owner must then serve, publish and post a series of notices of claim of warehouseman's lien as well as a notice of public sale. At the public sale, the home will be sold to the park for what they are owed, or to a third party. If there is a lender on the home, the lender will often step-up and pay the park what is owed, and foreclose the unit. If there is no lender, the park or whomever bought the home at sale now owns it, and your brother does not. The park may still come after him for any remaining unpaid rent, charges or fees.

*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. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."