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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
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Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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i live in calif. im the legal owner of a mobilehome with the

Customer Question

i live in calif. i'm the legal owner of a mobilehome with the buyer as the registered owner, she filed for bankruptsy last week and still owes me money on the note. can she do this?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 5 years ago.

Whose name is XXXXX XXXXX title to the vehicle?

 

 

 

Customer: replied 5 years ago.
this is not a motor vehicle it is a 2800 sq. ft. home. i am the legal owner on the deed
Expert:  socrateaser replied 5 years ago.

Did you sell the home on a contract on the condition that the buyer gets the deed after the contract s entirely paid off?

 

If yes, then what are the terms of the contract (downpayment, payment amount, number of payments, purchase price)?

 

And, in what year is the contract to be satisfied, assuming that all the payments are made?

 

Customer: replied 5 years ago.
the buyer paid me 100,000 dollars with a 15,000 balance on a note due in 2014. her name is XXXXX XXXXX deed as registered owner, not legal owner. this month she will be behind one month.the payments are $226.00 a month .i'm the legal owner
Expert:  socrateaser replied 5 years ago.

This is really a unique situation, and I can't find any past case law that gives me a clear picture of the resolution, because California law treats real property land sales contracts diffierently than most other jurisdctions.

 

I believe what will happen is that the bankruptcy trustee will try to offer the buyer's contract rights in the mobilehome for public sale in order to recover as much of the buyer's $100,000 as possible. You would be entitled to the first $15,000 of that sale.

 

The problem may arise, if the buyer is married, that the home is not worth more than the buyer's homestead exemption, in which case it cannot be sold by anyone other than you, as part of a foreclosure on the contract. If you get the bankruptcy court to lift the automatic stay, then you can foreclose in state court and you would be entitled to sell the mobile home and receive the first $15,000 from the sale -- the bankruptcy trustee would receive the remainder.

 

You may want to contact the bankruptcy trustee and discuss this, because you may both be on the same side and that could make it possible for you to get your money.

 

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