Legal Question in Real Estate Law in California
Does a private mortgage holder have the same rights as a landlord? ie., Can she give a 24 hour notice to inspect the property, and can she forclose because she doesn't like the way the property or mobile home is kept, ( a messy room or yard)?
3 Answers from Attorneys
No, a mortgage holder is not the owner of the property, they merely have own a debt owed by someone who has given them a lien on the property to guarantee the debt. They have no right to inspect or foreclose, unless the owner falls behind in payments on the loan [and then they must follow the law as to notice, time periods, etc.]
It is going to depend on the terms of the mortgage. "A mortgage does not entitle the mortgagee to the possession of the property, unless authorized by the express terms of the
mortgage; but after the execution of the mortgage the mortgagor may agree to such change of possession without a new consideration." (Civ. Code, sect. 2927.)
A mortgage (or note and deed of trust) is a private contract, and although heavily regulated, it is always possible for a loan deal to contain unusual terms and conditions.
In addition, even a standard deed of trust deal will generally contain a commitment by the borrower not to commit waste. In some circumstances, a messy yard might be construed as waste. "Waste" in mortgage terminology means an act or omission that reduces the value of the collateral, and it is a broad term that might include failing to pay the property taxes, not repairing a leaky roof or pipe so that the property becomes water damaged over time, or logging off the landscape trees and selling them to the sawmill.
So, the kind of nitpicking this lender seems to be trying is very, very unusual, and probably exceeds her authority under the law and the terms of the agreement, but you need to be a bit careful. Read your agreement carefully, and keep the concept of "waste" in mind.