Legal Question in Real Estate Law in California

Is there a time frame in which a lender can come after you for monies owed on a repossessed manufactured home?


Asked on 2/17/10, 7:10 am

3 Answers from Attorneys

James Bame San Diego Law Office

Most likely the four year statute of limitations is controlling. Contact me directly.

Read more
Answered on 2/22/10, 9:24 am
Terry A. Nelson Nelson & Lawless

Suit can be brought on a written contract within four years of breach.

Read more
Answered on 2/22/10, 3:21 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There's a pretty good chance the correct answer is "within zero years." California has a cluster of statutes preventing deficiency judgments or restricting a foreclosing lender or seller from going for a deficiency after a repo. The law most likely applicable to your situation is Health & Safety Code section 18038.7, which seems to me to prohibit deficiency judgments after a repossession and foreclosure of a manufactured home, but you might also look up and read the H&S Code sections preceding 18038.7, Civil Code section 2983.8, Commercial Code 9615, and there may be others. Similar anti-deficiency laws protect homeowners from deficiencies owned after residential loan foreclosures.

Four years is a reasonable "fast draw" answer when shooting from the hip on a written-contract question, but if the seller or lender is not entitled to more than it can get from the repossession and sale, then that answer is misleading, if not downright wrong.......it applies to breaches of written contracts in general, but when the contract is a conditional sale agreement or the like followed by repossession of certain property, that puts the players in a different ballpark and it's a different game with different rules.

The whole area is quite complex and I'm not 100% certain you are immune from attempts to collect a shortfall, but you should not assume the lender has four years. Its suit may be DOA.

Read more
Answered on 2/22/10, 7:39 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California