Legal Question in Real Estate Law in California

Real estate

I bought a mobile home on two lots about 9 years ago. At that time I was represented that it was a 1980 mobile home on a permanent foundation. All the paperwork from the seller, the title company which handled the escrow, the tax assessor for the county I live in all show a 1980 mobile home on a permanent foundation.

I lost my job last August and made my payments until December. On January 8th a notice of default was filed by a predatory lender whom I had taken a second mortgage out with about 2 years ago. A sale date of May 5th was set.

As we approached the sale date, I went into escrow with a buyer. Everything looked good but when the property was inspected, it was found that it was not on a permanent foundation as I had be told. The man who gave me the second mortgage is also an appraiser who verified at the time the second was done that it was a 1980 on a permanet foundation. while dealing with this it was discovered 4 days before close of escrow that it was a 1975 mobile (1 year outside the FHA funding limits) and the funding fell through. The second mortgage holder says the home was sold at auction even though I received no notice and there was not public notice. There is more negligence and fraud than shownhere


Asked on 7/06/08, 10:22 am

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

Re: Real estate

Are you certain that no Notice of Default was recorded or mailed? The lender should have proof of mailing by certified mail; the recorder's office should have a notice on record.

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Answered on 7/07/08, 3:15 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Real estate

So? What is your question?

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Answered on 7/06/08, 6:47 pm


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