Mobile Home Lien Dispute

Ask Your Question For Free

Summary

In California, a warehouse lien sale must be properly noticed. If the value of the property exceeds the owed amount, there might be a violation of CA Civil Code 798.56a. You can file a lawsuit for wrongful foreclosure. CA Civil Code 798.56a is part of the Mobilehome Residency Law, outlining reasons for terminating residency, including non-payment of rent. Proper notice and procedures must be followed. The value of the debt vs. Property value does not usually affect the legitimacy of a lien sale. Consult a legal professional for personalized advice.

Full Conversation

a mobile homeowner took ownership of my deceased Aunt through a warehouse lien sale we knew rent was due and were told that there was a lien for storage. not a warehouse lien for sale to the park owner. We are the next of kin heirs and let him know but becajuse we just found out of the passing didn't provide heirship proof before he sold it to himself . the mobile home is worth about 100k and the rent was 4k at the time what can we do since there was substantially more value than owed?
I'm sorry to hear about your situation, Diane. In California:
*. A warehouse lien sale should be properly noticed.
*. If the value of the property is more than owed, there might be a violation of CA Civil Code *.56a.
*. You can file a lawsuit for wrongful foreclosure.
Consult with a lawyer for more personalized advice.
can you explain the ca civil code *.56a is that in the mobile home residency laws?
Yes, CA Civil Code *.56a is part of the Mobilehome Residency Law. It outlines the reasons a park management can terminate a residency, one of which includes non-payment of rent or other charges. Proper notice and procedures must be followed.
if they followed the procedures and they probably did then what about the fact that the value owed was substantially less than the value of the mobile home they sold to themselves for rent owned
In California, the value of the debt vs. property value does not usually affect the legitimacy of a lien sale. However, if you believe there was misconduct, a legal professional might help you explore potential options like a wrongful foreclosure lawsuit.
thanks
You're welcome, Diane. If you have any more questions or need further clarification, please don't hesitate to ask. Remember, consulting with a legal professional can provide you with tailored advice for your situation.