Legal Question in Real Estate Law in California
We walked away from a manufactured home that we rented the space from (not on its own land). This happened on Dec 31st, 2006. We never received any paperwork whatsoever on the repossession or the sale of the home. This year, 3 years later, they have changed my credit report to reaffirmation of debt and have put $29000 on my reports as in collection. Can they do that after 3 years? We owed $55000 so apparently they sold the house for only $26000?
2 Answers from Attorneys
Well, when you "walk away" from obligations, you kinda lose control over what will happen. Fortunately for you, the lender probably cannot go after you in court for the deficiency, but they can certainly make reports to credit agencies and it may attempt to collect by sending you letters. I believe there is a provision in the Health and Safety Code preventing deficiency judgments after the repossession and sale of manufactured homes which have not become real estate. The amount owed probably includes a lot of expenses and penalties.
Try writing the credit reporting agency disputing the debt. Contact me directly.