Legal Question in Real Estate Law in California

Mobilehome buyers in default/Park sues sellers

We sold a mobilehome in 1992. The lots in the park are seperately owned ,some are rented to other mobilehome owners. The Buyers signed a rental agmnt. with the lot owners. In the sale of the mobile we hold an Installment Note, the remedy for default being our right to demand full payment.There was no Security Agreement, no procedure for foreclosure or reposession. We are listed on the title as Legal Owners, the Buyers as Registered Owners.

The Buyers stopped paying in April 2000. They also stopped paying rent, filed for divorce and since L-June E-July no longer live there. She is in TX. He is in our County living in another mobilehome in which he has more equity than what they owe us.

We have filed suit demanding payment & are awaiting his reply.

Now the owners of the lot are threatening to sue us

for back rent and to remove/dispose of the mobile which they say is uninhabitable and worthless.

How can we be held liable if we can't even repossess it? Can we have our name removed as Legal Owner since it was never named as collateral for the loan? Can the Buyers just walk away from this? Can the lot owners be held negligent for not enforcing Health & Safety Codes and allowing the mobile to lose all value?


Asked on 8/10/00, 4:15 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Mobilehome buyers in default/Park sues sellers

I can see your way out of this legal thicket, but it's too complex to describe here. You can win and recover, but you need to keep your litigation costs down so 'winning' means your recovery is larger than your legal bill.

You need good, economical representation, especially if you are being sued by the lot owner; you also say you have filed suit and are waiting for an answer......do you have an attorney already? If so, you must not totally trust him/her. If you filed in pro. per., or if you have doubts maybe other counsel is an idea. In any case, don't use the same attorney that set up this nightmare in the first place.

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Answered on 9/14/00, 3:44 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Mobilehome buyers in default/Park sues sellers

You have a security interest in the mobile home. The legal owner has a security interest and can repossess. You must however, follow the repossession law completely.

Your next step should be to inspect the mobile home and determine its condition and value. After the inspection you would be in a position to determine your next step.

As the other reply stated it is complex and you should be represented by an attorney.

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Answered on 9/14/00, 4:06 pm


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