Legal Question in Real Estate Law in California

new owner died before title was transfered

We sold our mobilehome 21/2 yrs ago...the new owner died before the new title was sent for her to sign. Her daughter now rents out the coach...but nobody has paid the taxes in that time. Now we are being sent to collections. All papers concerning the sale were lost in the move, and the daughter nor the new tentants will call us back. Can we take over possesion of the coach, pay the back taxes and re-sell, or can the daughter of the deceased sue if we do? Please help us. It is alot of money owed and we cant afford an attorney for this. thank you


Asked on 11/06/00, 11:04 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: new owner died before title was transfered

The general rule is that contracts survive the death of a party unless performance was personal in nature, such as a contract to sing at a concert or paint a portrait (death of either the painter or the subject would void the obligation of the other).

So, a contract of sale of a mobile home would survive the death of the buyer. The buyer's heir now owns the home, and either she or the estate should pay you.....was there a probate? An executor? If you are not paid you probably have a claim for money damages. What is the home worth? You will almost certainly need an attorney to sort this matter out, and perhaps you can find someone to take it on contingency if the amount owed you is sufficient. Otherwise, try legal aid. The loss of the documents is going to complicate the process, as will the passage of time. Also, after 2 1/2 years you may be getting close to a statute of limitations deadline. You need to act promptly.

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Answered on 11/19/00, 6:03 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: new owner died before title was transfered

You did really not provide enought detail in your message to give an adequate response. The bottom line is did you receive payment for the mobilehome? If so than you are not the true owner anymore, and the person who inherited the mobilehome should be responsible for all of the debts accruing. If you are in Southern California you may call me for a free telephone consultation but it appears to me that you will have to retain an attorney to resolve this situation.

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Answered on 11/18/00, 4:15 pm


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