CA Real Estate

California Real Estate Law Questions? Get Answers Online Now.

Ask a Lawyer,
Get an Answer ASAP!

In California property law if an owner of a mobile home dies…

Customer Question
In California property law...

In California property law if an owner of a mobile home dies and the payment for the space fee is not received at the due date which causes management to enact the right to serve a 3/60 day notice they posted on the door of the mobile and mailed to the deceased resident but not sent, mentioned, so not seen by the alive person management knows, spoke to, and expected to receive payment from who is also known to live out of state and have limitations on ability to go to the mobile to deal with the death and logistics, are they really just able to take it if going to court or hiring an attorney isn't possible?As next of kin I took responsibility, but since it was co-owned and the living owner only outlasting by a couple of months, the next in line is my aunt and though she has no interest in the property, she also has no interest in saving it either. My interest is in what's inside still and also not letting it just line a corporations pocket, instead using it as a leg up for another family member.The law, as I read it states it can be sold (with park approval) within the 60 day period as long as the account is up to date. Unfortunately that's now.Are there provisions in California law after this 3/60 notice that allows for transfer of ownership like a quitclaim to any individual choosing to own but not live there as long as the rent is paid up current and continues to be paid so that necessary repairs can be made and a suitable tenant to the park can buy it and make it home?Also if so, does the quit claim need to be notorized and the payment received by the 59th day? I've already been tricked into sending the rent to the wrong address (providing non-payment) and told by management that the park does not rent mobile homes out but have now seen advertisement for an "upcoming" 2 br, 2ba available soon at the park. Coincidentally this is the exact size and type my mother, the deceased, owned and I speak on now.If the law allows for this kind of theft on the bereaved if the right circumstances present themselves my access to the home would be through the 59 or 60th day or following that the 30 days management is required to safely store after careful removal and storage of anything inside and my payment for that storage and inquiry and appointment to do so, correct? Of course the likelihood of anything of value being stored with careful consideration is less than a slim chance I'm sure.Seems pretty horrible to me. I just hope there is something I can do as I seem to be caught with responsibility and solution but have no authority or time.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Ca

Lawyer's Assistant: Has any paperwork been filed?

I was told yes, but I don't know for sure.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Did you receive the long story?

Submitted: 7 months ago.Category: CA Real Estate
Show More
Show Less
Ask Your Own CA Real Estate Question
Answered in 2 days by:
12/19/2017
Lawyer: PhillipsEsq, Attorney-at-Law replied 7 months ago
PhillipsEsq
PhillipsEsq, Attorney-at-Law
Category: CA Real Estate
Satisfied Customers: 22,347
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own CA Real Estate Question
Lawyer: PhillipsEsq, Attorney-at-Law replied 6 months ago

My deepest sympathies for your loss.

I am sorry to read about your predicament.

Your Question:

Are there provisions in California law after this 3/60 notice that allows for transfer of ownership like a quitclaim to any individual choosing to own but not live there as long as the rent is paid up current and continues to be paid so that necessary repairs can be made and a suitable tenant to the park can buy it and make it home?

Response: I have searched extensively, but I could not find any provision specific to your question. See California Mobilehome Residency Law, California Civil Code, Sections 798 - 799.11 especially Section 798.78(c).

" (c) Prior to the sale of a mobilehome by an heir, joint tenant, or personal representative of the estate, that individual may replace the existing mobilehome with another mobilehome, either new or used, or repair the existing mobilehome so that the mobilehome to be sold complies with health and safety standards provided in Sections 18550, 18552, and 18605 of the Health and Safety Code, and the regulations established thereunder. In the event the mobilehome is to be replaced, the replacement mobilehome shall also meet current standards of the park as contained in the park’s most recent written requirements issued to prospective homeowners."

So, regrettably, the answer is no. You cannot do what you are proposing to do. However, it appears that nothing prohibits you from selling to a third party after the 60-day period if the party is going to reside at the park, or remove the home from the park.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

Ask Your Own CA Real Estate Question
Customer reply replied 6 months ago
It is my understanding that all they can really do is put a lien on the mobile for the due rent, I suspect owning it eventually if the rent is not paid. But there doesn't seem to be any law keeping me from taking things out our off that are valuable, right? I have a feeling they are going to try and lock me out.It does need a lot of work to be livable again. If I pay the rent to current but not live there, what you're saying is they can't stop me, right? Just as long as I don't "live" there.
Lawyer: PhillipsEsq, Attorney-at-Law replied 6 months ago

There is no law that I can find, which prevents you from going inside and taking personal items out.

I am sorry, but I do not understand the second part of your question.

Ask Your Own CA Real Estate Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask PhillipsEsq Your Own Question
PhillipsEsq
PhillipsEsq
PhillipsEsq, Attorney-at-Law
Category: CA Real Estate
Satisfied Customers: 22,347
22,347 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

PhillipsEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

188 satisfied customers

I have nearly three decades of legal experience, including Real Estate Law, and have held a Real Estate Broker's License.

legalgems

legalgems

attorney

181 satisfied customers

Just Answer consultant at Self employed

Richard Price, Esq

Richard Price, Esq

Attorney

59 satisfied customers

Attorney at The Law Office of Richard Samuel Price

N Cal Atty

N Cal Atty

Attorney

29 satisfied customers

attorney at self

Roy Hadavi

Roy Hadavi

21 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Bruce Schreiber

Bruce Schreiber

Attorney/Realtor

13 satisfied customers

Attorney At Law at SELF

Attorney2020

Attorney2020

Lawyer

23 satisfied customers

I have significant experience in real estate law.

< Previous | Next >

Related CA Real Estate Questions
I have a tenant who rented a casita at my home month to
I have a tenant who rented a casita at my home month to month beginning May 17. About a week after he moved in he complained about noise in the attic. I immediately called an exterminator out. They on… read more
Bruce Schreiber
Bruce Schreiber
Attorney/Realtor
Juris Doctor
13 satisfied customers
I had to flee Ca after having my mobile home stolen by the
I had to flee Ca after having my mobile home stolen by the Mobile Home Park. I am in NC and want to sue the park and the state for not following the laws. So for right now can I sue from NC. I own or … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,177 satisfied customers
California Real estate question.... This could be by city
California Real estate question....This could be by city also but I'm in San Jose and my bf just inherited a home from his aunt who passed but there are tenants in it that say they won't leave and som… read more
legalgems
legalgems
attorney
Juris Doctorate
181 satisfied customers
My tenant has been giving me issues from day 1, according to
My tenant has been giving me issues from day 1, according to the rental agreement he was supposed to transfer DWP and gas service under his name which he failed to do, after constantly lying about it … read more
legalgems
legalgems
attorney
Juris Doctorate
181 satisfied customers
REQUESTS 1. How do I get a Foreclosure Enjoined with Probate
REQUESTS 1. How do I get a Foreclosure Enjoined with Probate in LA Superior Court? 2. What is the most expedient steps and process to do so to stop the February 9, 2017 Trustee Sale? 3. Is a Trustee S… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,421 satisfied customers
I put down first, last and security on an apartment in SF.
I put down first, last and security on an apartment in SF. When I met with the leasing agent, I told her I was looking for a quiet place. The apartment is on the lower level of a home. The owner of th… read more
legalgems
legalgems
attorney
Juris Doctorate
181 satisfied customers
From law talk. New question! We live in a 6 unit apartment
Hey Doug from law talk. New question!We live in a 6 unit apartment built in the 30s. We have parking in the back. It's a large concrete pad with 6 garages.The estoppel that we signed listed out that w… read more
LawTalk
LawTalk
Attorney
Juris Doctor
188 satisfied customers
How do residents of a new community get the homeowners
How do residents of a new community get the homeowners association to listen and respect them?We moved into a new neighborhood with HOA. While the community seems nice we have a lot of issues with the… read more
socrateaser
socrateaser
1,031 satisfied customers
How to prepare for a hearing from an HOA due to the
How to prepare for a hearing from an HOA due to the association accusing me of violating some obscure provision?I bought a home in a newly built community. Apparently recently I was dinged by the asso… read more
PhillipsEsq
PhillipsEsq
Attorney-at-Law
22,347 satisfied customers
Because of circumstances beyond my control, I will need to
Because of circumstances beyond my control, I will need to move from present residence (do not own, simply rent) and want to move back into my condo which I own outright. It is presently rented with o… read more
legalgems
legalgems
attorney
Juris Doctorate
181 satisfied customers
I purchased a duplex with my female friend 10 years ago as
Hello,I purchased a duplex with my female friend 10 years ago as my primary residence. I lived in one unit for four years, then moved out and have been renting out the unit. My friend has been living … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
My uncle died June 8. I was notified on the June I contacted
My uncle died June 8. I was notified on the June I contacted management of the park that same day informed them I was his only heir to his estate.informed me that he had not paid rent for that month. … read more
Richard Price, Esq
Richard Price, Esq
Attorney
LL.M.
59 satisfied customers
I am the owner of a condo in a residential gh rise. I will
I am the owner of a condo in a residential high rise. I will no longer be using my parking spot. I have a person interested in renting it. Could you write a release of liability clause that would rele… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I have some clients that are currently renting their home.
Hi there; I have some clients that are currently renting their home. They had a written 1 year lean from 8/30/2014 to 8/29/15. (Today) They had tried to get a new lease arranged last week and were tol… read more
LawTalk
LawTalk
Attorney
Juris Doctor
188 satisfied customers
We recently settled a lawsuit with our Home Owners
We recently settled a lawsuit with our Home Owners Association. Now the property management company is threatening us with what was said in the deposition. Can what was said during the deposition be u… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,815 satisfied customers
I rent a duplex 20 years. the owner gave me 30 days notice
I rent a duplex for over 20 years. the owner gave me 30 days notice to inspect my unit. I have had some serious injuries and health issues and have not been able to make my unit presentable. Owner mad… read more
LawTalk
LawTalk
Attorney
Juris Doctor
188 satisfied customers
Is foreclosure ever in the best interest I'm the case of a
Is foreclosure ever in the best interest I'm the case of a widow being left completely penniless and once the million dollar home sells we owe 2.1 M the market in San Francisco will bear a few hundred… read more
Attorney2020
Attorney2020
Lawyer
23 satisfied customers
2 weeks ago my landlord gave me a 30 day termination paper
2 weeks ago my landlord gave me a 30 day termination paper because my truck would not start and I was working on it in the back parking of my house that she does not live on. She lives 2 properties ov… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x