Legal Question in Real Estate Law in California

Re: Notice Of Default

Attorney Whipple is correct with respect to a few aspects of this. First, you need to determine if the home is "permanently affixed" to the property, and a fixture on the real estate before you do anything. This is accomplished by placing the home on a permanent foundation, and recording a form called a 433 A or C with the County (and a copy given to HCD). That takes the home off of the personal property rolls at HCD, and makes the whole thing - home & land real estate.

Once you know if its real estate or not, you also have to (as Attorney Whipple indicated) determine if you have sufficient loan documentation to pursue a foreclosure. At a minimum, you will have to have a promissory note and Deed of Trust recorded against the property. Most standard-form deeds of trust contain a power of sale which will allow you to foreclose without a lawsuit. You can hire a title company to handle the foreclosure for you, as they are extremely complex and with recent changes in the law, almost impossible to do without a professional's help.

Now, if the home was not converted to real estate, you have two issues (assuming you own the land as well). The home foreclosure is a matter of several notices that must be given under statutes governing title to manufactured homes. They haven't been registered with DMV since the '60s, so you are dealing with the California Department of Housing & Community Development (HCD). There is a procedures which is too long and involved to describe here to process the foreclosure. But, if you also own the land, you may have to still do the foreclosure process described above in addition to the home foreclosure.

I strongly suggest you get in touch with an attorney with substantial experience with manufactured housing. Our firm is one of a few in the State with that kind of specific experience, so please feel free to email me off this site to determine what it will take for you to get the property back.

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Re: Notice Of Default

First, I think manufactured mobile homes can fall into either of two distinct categories - personal property or real property. It has something to do with whether it has been attached to the land. Knowing whether real property law or personal property law applies seems to be essential here.

Next, you also didn't mention whether you have any security documents, such as a deed of trust, pink slip, or security agreement. Answering your question without knowing whether you are a secured or unsecured creditor, and if the former, the nature of your security, would be difficult to impossible.

If the home is real property and you got a deed of trust to secure the payment promise, it may be recorded with the County Recorder (if notarized).

If the home is personal property and you have some kind of security interest, you might be OK to file a Form UCC-1 with the Secretary of State, but the Department of Motor Vehicles MIGHT have jurisdiction. If your paperwork reflects DMV registration and licensing, I'd inquire there first.

If you do not have any kind of security - no deed of trust, no security agreement, etc. - you are probably an unsecured creditor, and about the only thing you can file is a lawsuit.

Who drew up the "Sale Contract?" That's where to start inquiring. At least try to find out whether this is real property or personal, and if the latter, whether the DMV has jurisdiction of title and licensing matters; then determine whether you are secured (have collateral), and re-ask the question. You may need to sue.