Legal Question in Real Estate Law in California

Real Estate

Hi - my dad died about 9 years ago and owned a trailer home in a trailer park. At the time my choices were to either move it out of the park or sign it over to them. I chose to sign it over to them - there was no money exchanged. I then turned the paperwork (bill of sale and transfer of ownership) over to CA Department of Housing in July 1999. I haven't heard anything since then but I received in June 2008, stating they were evicting the renters and I was responsible. I sent them a letter back stating that I wasn't responsible as I had signed it over. I then received a letter from an Attorney stating that I was responsible for about $2500 in storage fees, attorney fees and fees involved to move it off the lot. Please help!


Asked on 9/02/08, 4:47 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Real Estate

By trailer, I assume you mean a mobile or manufactured home and not an RV. As such, its pretty clear that the transfer of the home to the park owners was never legally accomplished. Without seeing all the paperwork, its very hard to say what happened, but my best guess is that the attorney is trying to obtain title to the home for the park owner through an abandonment action against the home. If that's the case, they probably won't come after you personally - they are using the "charges" as a means of creating a lien against the home which can then be transferred to the park owner in satisfaction of the lien. Call the attorney, and ask them why you are responsible for these fees when the home was given to the park 9 years ago. If he claims that you never transferred the home, ask where the rent for the home was paid - if they claim you owned the home all this time, then who was collecting rent for the home - not the space - for the last 9 years. I'd threaten him with a legal action for the rent the park owners received over the past 9 years for the home if it was, in fact your home. This may be much more complex than just what I've described herein, so feel free to call me if you have any questions - we do a lot of work in manufactured housing.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 9/02/08, 6:19 pm


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