MOBILE HOME EVICTION LAWS

[RICHTOWN]

I was involved in a mobile home unlawful detainer action in which two california civil codes were violated by the park mgmt lawyer, i.e., CA Civil Code 798.55(b) and 798.56(6) which states the legal owner and all registered owners, other than homeowner must be sent copies of 30/60 day notice of default. Notice is to be sent by registered mail and legal owner and registered owners have 30 days to cure defaults on behalf of homeowner. This was never done and both my application for stay of eviction and/or relief from eviction were denied. Eviction was for arrearages in rent which I had a repayment agreement with prior managers who quit before arrearages were cleared. At court hearing I tried to present a stmt from asst mgr that confirmed payment agreement. I also had all but a couple hundred dollars of back rent money. Judge would not even let me speak or ask question of managers also would not even acknowledge that I had brought money with me. Reason for getting behind was due to premature birth of son who was in hospital for 5 weeks and due to my being back and forth to hospital my employment status had changed from office work (salary) to outside sales (commission). Also after I was locked out by sheriff park mgmt allowed maintenance people and others to enter my trailer without my permission and property was stolen. I had to go thru sheriff to get my things back since mgmt would not allow me access to my things. I was only able to get in once before mgmt informed me that I was no longer allowed on property at all or I would be arrested. I was not allowed to come back and get the remainder of my personal items which I have found out have since been removed from trailer. The judgement was only for possession of the lot and not for the trailer, however, the for sale sign I had put in the window was removed by mgnt and I am not allowed to show trailer to buyers. I did have an approved buyer that wanted to remove trailer from park but cannot go on premises to show them the inside of trailer. Mgmt attorney says they now own trailer. Is that possible since I am not the legal owner? I am still making payments to the lady I was buying it from. Also she was never informed of any of above legal action nor were either of us notified of any auction of the trailer. HELP!!!! All I want is to be able to sell the trailer with the condition the new owner would move it from park if need be and I want to be compensated for the articles of personal property, ie, television, speakers, good silverware, jewelry, tools, etc that were stolen from the trailer during the first few days after being locked out. There were only a few days that lapsed between the lockout and when I got the sheriff to tell park mgmt they had to allow me access to my stuff. Let me know what if anything I can do at this point. I don't want to continue to pay for a trailer I may not own anymore. When my son (14 months old) and I were locked out we had no where to go and were forced to stay between the car and motels when I could afford it. When evicted I was waiting for approval to move the trailer to a different park when mgmt misinformed the new park people that I could not legally move the trailer. When mgmt lawyer told mgmt that they were incorrect and I could move the trailer they refused to clarify the matter with the new park and subsequently the new application at the new park was denied. Do I have any recourse there??? Please help if you can!!!!!!!!!! Thanks,

Susan A. Rich

 

[Wgoodrich]

Am not an attorney, but am a landlord.

I suspect there are two sides to this story.

It is my opinion that there is a lot not being said, a lot that happened that you do not understand, and a street smart management teem of the property. They have an attorney.

If I were you I would seek legal counsel on this. You may have to walk away and mark it off to experience. You also may have a judgement owing money against you that probably will come back to haunt you.

Ask for a consultation with an attorney. If you don't think you need one now at a later date you will know you need one.

Good Luck

Wg

 

[s_hill1]

Mobilehome piracy is sweeping the nation, the hottest new trend to hit the market for stinkin' losers who can't make it in real estate any other way (or anything else, for that matter). READ THIS, YOU PEOPLE. DO NOT invest in a mobilehome. Save yourself some real grief and money. Cut to the chase and just go hand all your investment money over to the mobilehome park owner and be done with it. You'll save loads of money on legal expenses and HEY! You'll even retain the right to KEEP all your own stuff!! Whatta concept. Only in America!!!

You wouldn't happen to be from Nor-Cal, would you, Susie Rich? You've described an MO for your landlord that's so similar to mine, it's startling!! If they're not the same person, then they're at least related!

To some nitty-gritty: First, get a lawyer. I don't care if you have a polished flair for legalese that could make Johnny Cochrin cry - and from the way you described your "shut up and testify" day in court (hate it when that happens), you already know - if you don't have the proper vehicle, you're not going to get anywhere.

Second, start making a list ASAP, of every piece of personal property and any of your belongings left inside your home that were stolen. You may be amazed about how many things you've started to forget before taking on this task.

Whether you own your home or only part of it or none, on the eventful day of eviction, your rights of ownership on anything you leave behind continues for at least 15 days. Within that time, you have a right to reasonable access to retrieve your belongings. And, in your case, you also have a right to show and sell your home. Removal of signs and interference with that right, is against the law.

And, of course, in the event you're unlawfully denied access, the 15-day limit is stretched into one of those many "blurs" that law is so famous for. But you still have the option to file for damages against the property owner for unlawfully denying you access, rights of ownership and the right to be free of the impact its had on your quality of life. In addition to these things, is your list of stolen property also to be considered as damages. A copy of your list should be provided to the Sheriff's Department, attached to a complaint of theft.

The manager or park owner can only take possession of your home and property if, 1)you just blow out of town and never come back to retrieve it or 2)the park owner files a "Writ of Possession" and convinces the court either that (a)you abandoned your property (finders, keepers, sorta...) or that possession of your personal property is the only possibility for recovering damages from you. In any event, your landlord can only recover proved damages and any residual amounts to come from the sale of your property, belongs to you.

Like any other action in these things, you have to be properly notified and presented fair opportunity to oppose -UNLESS - your landlord files "ex parte." You can also file motions ex parte and it's pretty much just as it sounds - ex (or without) the other parte. Your reasons for doing so, though, need to be compelling enough that "time is of the essence." You need to convince the judge that the park owner won't suffer unfairly by the court giving you what you want, but that you most certainly will if the court does not - and pronto! For instance, your motion for a stay was candidate to being ex parte. Key concepts here are "burden" and "harm."

And finally, please know when your landlord caused your eviction, your landlord became responsible AND LIABLE to protect your home and property from damages and theft. Yourlandlord's not allowed inside your home, either, exept in case of TRUE emergency, such as fire or maybe spotting a burglar walking by a window inside your house carrying your TV.

But what you're probably learning most about Mobilehome Residency Law, as are the rest of us mobilites, is how sorriful little our courts and legal system know about them. It nearly takes the power of a backhoe to dredge their train-of-thought out of the old landlord-tenant rut, and a miracle to jump them up to a mobilehome residency track. GAWD!! Reeeeeeaaaaad mmmmmyyyy liippppssss - I OWN THE ^^%$$#%^& HOME, ookkKAAAAAYY?!?!? And, NO, it does NOT fit into a suitcase!!

So, regardless your rights and all that ink and midnight oil the legislators put into making mobilehome residency law, making law doesn't, evidently, make it so. First we draft law to print, in these big, fat expensive books, and THEN we make it law by spending gobs of time and money in litigation, sometimes making it into something ELSE or fixing it by making MORE laws...arghh!. How could I even LIKE law so much? It makes me SICK!

But, GAAAADS! What are we - STUPID? We oughta just buy our OWN stinkin' mobilehome park so we can be licensed to cash in on everything but murder, too!! And from the looks of things......Here lies Kent, late on Rent.

I really must applaud your success to, at least, get some of your things back with the assistance of your sheriff's department. About all law enforcement around here has managed so far is, "Uhhhh.....huhuhuh....uhhhhh, did you say som'in'?"

But here's to hoping things start looking up for you and, tough as is, keep looking for a lawyer. I know it's hard - after all, we are (*gasp!*) tenants! Sometimes I feel like an axe-murderer trying to retain a personal injury lawyer.

Coupla things I've learned:
Just a tip: when you're out and about looking for information on what your rights are and how to proceed, ditch all that stuff put out for "tenants" and, instead, go for the stuff written for "landlords." It'll blow your mind (and give you some handy tools, too).

A tidbit learned in a law class years and years ago that still proves true over and over, no matter what the subject or what the question, "To find the answer, follow the dollar."

Good luck, my fellow mobilite - guess we're sorta conspiratal now, a gang.....of two. Arr Arr! And the world shudders beneath our feet.

 

[s_hill1]

Sorry. A did not c your ? being serious. Let me try again.

------------------------------- ---------------
Law office of: Case 1
Curly, Moe and Larry represent: me

Later:
Curly becomes separate from: Moe and Larry, who now are
"not a partnership"

Law office of: Case 2
Curly, atty for party opposing: me

------------------------------- ---------------
Question:
Does it present Curly as -

* former counsel acting in support of my interests,

and, having assumed a position as -

* current counsel acting in opposition of my interests,

to be acting with conflict of interest?
-----------------------
In addum to 'em:
Expate Motion for Order of Continuance to Appeal, Order for Reasonable Access, Declaration in Support, Declaration, Order - denied, "w/o prejudice" 12/12/00

The clerk of the court, however, provided a copy of the clerk's record which was especially nice, given that the one time I was led to assume reasonable access to retrieve my own records, it turned out being to allow a loaded gun to be held at my son's head.

Noting an additional post from California w/same scenerio, I'm given to conclude California's Civil Code of Procedure, particular to Mobile Home Residency Law, serves less purpose and meaning than Dr. Seuse's "Green Eggs and Ham."

Aside the particulars of my own current demise, how does one go about effecting change to the handling, application of law and fair treatment in matters like this because, currently, California's approach pretty much sucks.

 

[RICHTOWN]

S Hill,
You are sooo right about the enforcement of Civil Codes and Civil Procedures. I used to believe in our justice system and think it worked for the general public. Boy was I ever wrong. It works for those who can pay to make it work for them and that is not us obviously!!!!!!!
If you don't mind my asking what mobile home park have you had problems. The park I am referencing is in Northern California, Vallejo to be exact, its Vallejo Mobile Estates.
I never "blew out of town" and I did try to go back and get my stuff. The last time was when I went back to get a vehicle that I had to get a moving permit from DMV before I could drive it, when I got at my trailer the car had been towed and while I was at my neighbors house calling the towing yard to get the car back the asst. mgr. called the PD on me and wanted to place me under citizens arrest. I was told I was never to come back and if I did she, (asst mgr) would citizen arrest me for trespasing.
The assistant mgr's husband works for Vallejo PD and she was using his position and dispatching the police out to the park constantly. To the point that even several officers said they were sick and tired of wasting their time on her false reports. There was several articles in the Vallejo Times Herald about the park. Unfortunately, the owner just sat back and watched. He apparently is old time Vallejo and been in business for years (generations and generations), has several parks in town and didn't really care what was going on.
As far as the Writ of Possession it was only for the lot that the trailer is on. The trailer always remained under my possession. I never received any kind of court papers or letters or anything that changed that fact.
I am already working on the list of stolen items but everytime I think it might be finished I find something else missing. Unfortunately, some of the things are things I don't use on a daily basis so until I go to use it I am not sure about it being gone. The list is getting longer and longer each day.
I guess unless you are either a lawyer or have the money to pay for one you really don't stand a chance in our courts. At least not if you are a mobile home owner!!!!!!!!
Thanks for the advice. If you know any lawyers that might be willing to take this case let me know.

 

[s_hill1]

Boy, ain't that the truth - it's a "follow the dollar" circus out there in our tax-supported legal system. Our legislators musta been outta their minds when they drafted mobile home residency law. When you read, you see all this trumpeting and chest-thumping brah-ha about these laws like they're the best thing invented since sliced bread.

All our low-income and old, retired elders will have a wonderful, low-cost safe-haven and home ownership, to boot. HA! Anybody who'd place their old Aunt Mable or dear old mom off in a mobile home park would be kinder to send her packing with a REAL circus than this "follow the dollar" kind. It's the biggest extortionist racket and industry to ever turn a scum-ball a buck. And I think our California political leaders outta be kicked right in the duff.

GET THIS - I wrote to our finest, the Attorney General, old Bill Lockyer himself from our tax-funded website http://caag.state.ca.us/. I told him all about the fraud and law violations, and how the court's commissioner who heard the case was under state judicial review for his misconduct. I got this letter back from Lockyer's "answer his mail unit" or some stupid thing - a person can't even make out the initials, but this intern or whatever, writes back all this goop about DA's and how the public doesn't always agree and yadda-yadda how the attorney general doesn't intercede in those things unless yadda-yadda, and I was dumbfounded, wondering what the heck?!?!? And we've got this guy acting as our ATTY GENERAL? Who can't even comprehend something in writing well enough to even address a single subject - or at LEAST something that was written about in the email to him!! My GAWD!! If he were president, we'd all be in trouble! "Wups! Was that the darned Big Red Button I pushed again?"

I've been all over hell and back looking for an attorney. There was one in Chico (about 20 miles from where my mobile is, in a mountain area called Forest Ranch), and he was pretty good a few years ago about handling these things. He worked for Free Legal Services, I guess, for years and years and has these plaques of appreciation all over his office walls. I hadn't seen him except in passing for quite awhile, and when I had him working on this case, I sometimes couldn't believe my ears. To make a long story short, I think he sold me out ("follow the dollar....").

I mean, he had my file for over a month and then, after a "rather lengthy discussion" with the opposition, he suddenly remembered he "did have or probably may have a conflict of interest," about two weeks from when I suspect my brief was due on my appeal. Wouldn't have been so bad if he coulda at least told how much I'm worth these days.

But I mostly hear back from attorneys who send "clip and paste" generic propoganda advertising crap, or those who advertise like a maniac for business, but whose calendar is just too darned backed up. My favorites are, though, the one's who go so far to advise, "My suggestion to you is to seek help from current counsel or new counsel..." No kiddin' - why didn't I think of that? Jeepers.

They're lacking in the stuff necessary to meet the job, but they don't really wanna piss ya off - who knows, we could find a decent lawyer and come out pretty good, and they hope you might still have their address and remember 'em, when you maybe have something a little "less" they could work on, I guess. There's all kinds of 'em out there that, overall, have little to offer but a lot of your wasted time, helping them with demographic info-gathering and little else.

The Department of Fair Housing seems to be turning out like another smoke screen, also. I sent them complaint forms months and months ago, and still haven't heard anything. I found a place on the web to contact them again, but it's likely ended up on yet someone else's desk-shuffle.

We're way beyond either the willingness or abilities of any of the free or low-cost legal services. They can help you with making an answer to the complaint, and things way in the beginning. We're way outta their league at this stage of the game.

And I'm not so sure how much money has to do with it. I mean, it's not like I put out an ad - "Got Money, Need Mouthpiece.." or anything, but money's not a real big issue with me (now that the brunt of moving costs has softened...). I have a friend I've known for 20 years, from my days living south - LA and Orange Counties. We met back when he still poor, and now he's just rich (MLMs - can you believe it?). But I think I'm the only person he knows who still views and treats him like just a regular guy. If he's screwing up, everyone else smiles and acts like he just real okay, but I'm in his face letting him know he's being a stinkin' jerk! I guess 'cause we've known each other so long, it just never occurs to me that I should look at him any differently than I ever have. But, push comes to shove (as it sure has here!), he'd help me foot the bill and I wouldn't worry, 'cause any lawyer worth his salt will get the money back, anyway. It's just finding one that's such a needle-in-a-haystack mission.

Plus, these jerks we're dealing with, do this kinda crap as part of their JOB! Having my job and having to deal with 'em is like having TWO full-time jobs. I can't even TELL you the number of times I've jerked up from my keyboard sound asleep. It sucks. Something needs to be done about people like this - they're a parasite on our society and they are so, because people just hope to get through it and never go back again. That's exactly how these park owners want it, and that's exactly why they're out there doing it right now and will be tomorrow. Meanwhile, our Attorney General looks up from, "Fun with Phonics" and hopes someday, he too, can interpret basic correspondence.

Go to his website and tell him it's happening to you too. If you find any other email addresses to our OTHER mealy-brained, comotose "leaders", send 'em. If we gotta go down, we may as well make as many people as sick of us as we can on the way. Give 'em our own stinkin' wake-up campaigne, to "mobilize the mobilites." A convoy - The Million Mobile March - that oughta be a real traffic jam!

 

[RICHTOWN]

I too, file a complaint with Dept of Housing via the internet. I filled out their complaint form and never heard a thing back from them. That was back in June. Is there just no recourse for us at all. We are just at the mercy of these owners and mgrs who take the laws into their own hands. They interpret the Civil Codes and Laws the way that benefits them and all we can do is sit buy and lose all that we have worked hard to get.
My ex-husband and I owned two mobile homes during our marriage and we never ran into anything like this. If I could have afforded to I would have bought a condo or townhouse but unfortunately I don't make that kind of money and being newely divorced at the time could not really afford anything elso. My thought was why pay the high rents on apartment when I could pay the same amount and at least own the trailer. I thought at least that way they can't take my home away from me. WHAT A JOKE!!!!!!!
Somewhere, somehow there has got to be something or someone willing to help. I am going to keep looking as long as I can.
Thanks for the support, it helps to know I am not alone in this and that others are also looking for answers. Like you said if we pull together and share all the info we find maybe we might just have a fighting chance. Hopefully one of us will find some answers, you think?????
Thanks again.

 

[s_hill1]

MOBILIZIN'

Hey, don't feel like the Lone Ranger - I think most of us mobilites come from the same plane, actually believing we bought into ownership rights, which people kinda tend to do when someone "sells", and they "buy". I mean, this IS how it works, isn't it? Are you and I a coupla geniuses or WHAT?!? How hard a concept can it be that "homeowner-tenant" is not synonymous with "tenant"? There's quite a difference in rights, for one, running congruent to differences in risk, for another.

I'd be interested to know who wrote the civil code for MHR laws and if they're still around. Probably heinously mobbed by a bunch of park owner lobbiests.

I don't know if I told you or not, but Monday I went to the appeal court that's in the next-town over called Oroville, and turned in one of those exparte things we discussed earlier. It was to ask for more time on my appeal and for an order to give me reasonable access. It's been two months, people - how many months do we need to set aside one stinkin' weekend? Anyhow, it came back denied.

Right when I was about ready to throw caution to the wind and just go kick some....ummmm...shins (yeah, that's it...), the Chico branch of the court sent notice of hearing being rescheduled to next year. Go figure. Bet it frosted somebody's behind who's already scheduled an appraisal on my place for the prior date.

Whatta buncha gestapo, commie, extortionist BS. What's next - burning the flag and ripping the Constitution to little pieces (already stomped it half to death).

Find out who your reps and senators are - Johannessen is one of mine. Give mr. Lockyer-house-and-property, the atty general, an email and let's both contact fair housing again, too. There's some other guy with some maybe-questionable issues on this bulleting board, about HIS mobilehome, too. Let's get him in on this, and just keep our eyes out for any more - I somehow get the feeling we're not alone ("the truth is out there!").

 

[RICHTOWN]

I know we are not alone. There are many other tenants just from my mobile home park who have been trying to go thru the legal system with no success either. There was even a member of the Mobile Home Association that lived in my park and he was shocked and surprised that I was actually locked out. He said that the judges rarely displace a woman and small child like they did me.

It might have been different if I had been making trouble in the park or having parties, etc. but I wasn't. I did have some roommate problems in the beginning but quickly got them out and was on my own when I brought my son home.

Until I was laid off and even after I went back to work I was working 10-12 hour days and commuting 50 miles one way to work. So I was rarely home except in the evenings after 8 pm and then on weekends. I was friends with a few neighbors but mostly keep to myself. It doesn't pay to just mind your own business anymore.

I also filed an appeal to the whole eviction action since the mgmt was clearly in voilation of 2 civil codes 798.55(b) and 798.56(6). That was just for starters I have read a few more that they have violated. I referenced both these codes when filing the stay of eviction and the relief of eviction but was denied. Go figure. Also a complaint had been filed with the Civil Liberties group as well as Solano County Housing Authority. I don't know what happened with those but I am going to check with my old neighbor and see what if any progress they made after I left.

Even the Veterans Affairs people were considering taking the case as a class action suit for the homeowners. I will let you know if they was any progress on the above.

My mom was going to call the park's lawyer and see if maybe she could get anywhere since she is co-registered owner with me and she was never notified on anything. I am going to see her Sat. so I will see if she got anywhere or not, I will let you know.

Talk to you again soon. I feel like maybe we are making some progress. We just had an extremely long way to go.

 

[s_hill1]

That's an interesting point you make about your mom also being in ownership of your mobile. But, first - I think the last thing I would do is talk to the opposing lawyer. They'll tell your mom anything to push her into something she may regret later (when she finds out the truth...). You know that joke - how can you tell if a lawyer's lying? His/her lips are moving. hahahahaha!!

Your mom has some definate issues with undue damages being suffered by her because of the park mgmt's negligence to properly notify her. Did they have information that she was a co-owner?

You know, something else has come to mind that may be beyond the scope of our discussion here - why don't you email me at [email protected] and we'll kick it around and see what you think.

Also, I'm taking my very first-ever stab at web-building (wahoo!) called, "Mobilize" for Mobilites like you and me. I'm playing with links to legislators, attorney general, fair housing and (?others), and links to downloadable MHR law and other related codes. Then there's a "Picks and Pans" area where Mobilites can honor persons, agencies and other entities with a special listing in the "Hall of Shame" or "Hall of Fame", whichever is apropo, for everyone to see. Maybe an email newsletter later on...possibilities are endless - aside limited web space of 6 megs, of course (or maybe 12...)!! Whatcha think?

Email me - "time is of the essence" ;0)

 

[RICHTOWN]

Sorry took me so long to get back to you. It has been a hectic weekend. I did see my mom and didn't even get a chance to ask her if she got ahold of the lawyer or not. Will find out tomorrow.

You idea sounds good. I will email you at the email you gave sometime late Monday. I start a new job tomorrow so I am not sure what time but I will get back with you.

Yes the park knew both that my mother was co-owner with me and that I was not the legal owner. The information was on the original rental agreement with the park which they submitted a copy of with the court papers.

I am going to try to make some calls at lunch time if I get a chance. I will let you know what happens. Talk to you tomorrow.

 

[s_hill1]

Time is of the essence

Pls email ASAP - have answer.