Legal Question in Wills and Trusts in California
i was given a mobile home in a 55 + park . the. giver is now deseased. land not included ,i am not 55 yet. i have a bill of sale. how do i transfer title ship to my name.im living in the home but park management says i have to move .
1 Answer from Attorneys
I don't understand how you have a bill of sale from a dead person to his mobile home. It sounds like you are a "squatter" and guilty of forcible entry and detainer. If the mobile home was transferred to you while the previous owner was alive, you would have to be approved for leasing in the park, prior to transfer of title. An escrow, sale or transfer agreement involving a mobilehome located in a park at the time of the sale must contain a copy of a rental agreement between the managers of the park and the purchaser of the mobilehome, or a statement in writing from the management that the purchaser and the management have agreed on a lease. �An escrow, sale, or transfer agreement involving a mobilehome located in a park at the time of the sale, where the mobilehome is to remain in the park, shall contain a copy of either a fully executed rental agreement or a statement signed by the park�s management and the prospective homeowner that the parties have agreed to the terms and conditions of a rental agreement.� (Civ. Code � 798.75 subd. (a).)
You are not 55 or older, so there is no way that park management approved you to lease. You have no rights to tenancy in that park. �In the event the purchaser fails to execute the rental agreement, the purchaser shall not have any rights of tenancy.� (Civ. Code � 798.75 subd. (b).)
I think you are guilty of forcible entry and detainer.