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

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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: 2 months ago.Category: CA Real Estate
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Answered in 2 days by:
12/19/2017
Lawyer: PhillipsEsq, Attorney-at-Law replied 2 months ago
PhillipsEsq
PhillipsEsq, Attorney-at-Law
Category: CA Real Estate
Satisfied Customers: 20,592
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Lawyer: PhillipsEsq, Attorney-at-Law replied 2 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.

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Customer reply replied 2 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 2 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.

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