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    Julie0877's Avatar
    Julie0877 Posts: 3, Reputation: 1
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    #1

    Apr 4, 2012, 12:49 PM
    Abandoned mobile home on my land, how to get title
    I just purchased a 2.5 acre parcel of land that has a mobile home on it. When the previous owner purchased the land, the mobile home was on it at that time too. In the window of the mobile home, it shows an eviction paper from 2010 from another county.

    I called the Department of Housing in California and they stated that the mobile home is still titled in the name of the people evicted and could not release the title to me without getting them to sign off on the title or get a judgement from the local courts. However, I have found different articles on line stating "No notice is required for former tenants who were evicted under a writ of possession. A notice already is contained in the writ of possession form which the sheriff is required to serve upon the evicted tenant or tenants."

    Is there a way to file a belief of abandonment and what forms do I use? The only reason that I purchased this land was so that I could move into the mobile home but now I cannot do anything until I have proof of ownership in my name to have insurance put on the mobile home, etc. Please help!

    I live in Kern County, California if that helps.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #2

    Apr 4, 2012, 07:42 PM
    CA Civil code section 768 addresses mobile homes in parks, not on private property.
    I can't find anything that covers your situation.
    You may have to track down the owner's writ in the county it was served from, starting with your local deed office to find the owner before the one before you.
    I'd go back to Housing and get the address on the title (if they will give it) and there could I suppose even be a lienholder who never came to repo it. That happens.
    You may have to hire a lawyer.
    Personally I would move in to it as planned while you sort this out.
    As an alternate plan you could start sending out bills for storage to last known address.
    Julie0877's Avatar
    Julie0877 Posts: 3, Reputation: 1
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    #3

    Apr 4, 2012, 09:18 PM
    Thank you!
    I was able to get the address on title by paying for a title search, however, it is a vacant 20 acre piece of land where the mobile home was prior to my land. From the title search, I have not been able to find any lien holders but that does not mean anything.

    I have the papers that are on the windows from the sheriffs department for the eviction, yet I cannot find the court case on record in the county and the papers are not signed from a deputy or a judge. It does have a plaintiff name though but still no court records.

    I am worried that perhaps the people moved the mobile home before they were evicted and possibly knew the owners of the land, not really sure but I am concerned regardless and do not want to put money into something that I may essentially lose.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #4

    Apr 5, 2012, 03:25 AM
    The owner of the land may have done the writ to get rid of the contents and not proceeded with a lien. I suspect that you have to start from scratch with your own writ and lien, after which you get title. I don't think it takes very long. Notices just have to be mailed to last known addresses even if it's your address or the other empty lot. I still think you can just move in unless you don't want to take the risk of spending money on it now and it needs a lot of work. I would take the risk, because it must be costing you to live elsewhere while you wait.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Apr 5, 2012, 03:37 AM
    So you bought a piece of property that had the mobile home on it. Wasn't there anything discussed during the purchase process about ownership of the home? Mobile homes are generally titled through the DMV, not as real estate. Have you checked with the DMV to see if they still have a title on record? If the registration was not renewed, you may be able to use that as proof of abandonment.

    I also agree with Joy, that unless the home is unlivable in its present condition, I would move in.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #6

    Apr 5, 2012, 04:08 AM
    'Manufactured Homes, Mobilehomes, Commercial Modulars, Floating Homes and Truck
    Campers located in the State of California are issued a Certificates of Title by the
    Department of Housing and Community Development.' (hcd.ca.gov)

    CA is certainly a unique state. Truck campers?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Apr 5, 2012, 05:02 AM
    Sometimes I think CA deliberately does things different from everyone else just to cause trouble. ;)
    Julie0877's Avatar
    Julie0877 Posts: 3, Reputation: 1
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    #8

    Apr 5, 2012, 11:59 AM
    When I purchased the property, I was aware that there would be an issue with title, however I assumed (my mistake) that I could have it declared abandoned easily with the state of California since it has been sitting on the property.

    The Dept. of Housing and Community Development will not release the title to me, they said it is still titled in the name of the people who were evicted. One would think though that it would be proof enough that they were evicted and have not paid the taxes on it for two years yet it is not enough. I have to contact the owners on title at the last known address and get them to sign off on the title.

    Who knows where these people are though? I do not know where to begin... or what forms to file with the court house to declare it abandoned. Nor do I have the money to pay an attorney to do the legwork for me.

    And yes, it is costing me money to live elsewhere.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Apr 5, 2012, 12:11 PM
    I can understand the Dept of Housing not releasing the title to you. So what you probably need to do is get a court to order the mobile home as abandoned. Produce copies of the eviction order, tax receipts, etc. Then take the order to the Dept of Housing to reissue the title.

    You should have done this BEFORE completing the purchase.

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