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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100048
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I have a question. Recently my husband was killed in

Customer Question

Hello, my name is***** and I have a question. Recently my husband was killed in Stockton California. Previous to that he was paying off my mobile home. since his passing, I paid off the $300 that was owed. I have a paid in full receipt. after receiving my receipt my landlords have served me with a paper saying the main office made a "mistake" on their paperwork and I supposedly still owe $780 more. Because of this the landlords have refused to give me a bill of sale so I can obtain my title. Right now I am in the process of being evicted by them. I feel they are trying to steal my trailer since I am alone and they feel they have the upper hand. I have offered to pay in cash all the monies owed just to end this drama but my payments were refused. I did not get anything in writing and fear this will be denied. what should I do? please help me to keep the home my husband got for me. thank you for your time and consideration into this matter.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. If the landlord gave someone in your situation a release, then arguably, the debt is paid in full. I am assuming that the $780 owed is not even something that is true, correct? As such, he should simply produce the title.

However, so does not make it so. Someone in your situation may wish to file suit for breach of contract, seeking SPECIFIC PERFORMANCE for him to hand over the paperwork. While the suit is pending, you would also file a Motion to Stay or Motion to Abate, asking the Court to pause any eviction proceeding.

All of this requires pretty nuanced legal work. Counsel is recommended. If finances do not allow to retain an attorney, consider finding more advice and possibly pro bono representation via programs set up to help individuals. I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/california.html

…and another list:

http://www.lawhelp.org

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-california.asp

Good luck.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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