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February 25th, 2010 12:19 AM
Foreclosures on Manufactured homes, mobile homes or commercial coaches are processed pursuant to Health and Safety Codes Section 18037.5 est seq. The California Department of housing and Community Development (HCD) is the responsible government agency. Mobile Homes are registered with HCD.

The code requires that there be a loan contract/security agreement relating to a loan on a mobile home or manufactured home or commercial coach. The loan contract/security agreement must give the secure party the right to forclose. The lender should pursue all posisble collection efforts prior to making the decision to foreclose. Public Sales must conducted in Accordance with Section 9504 of the commercial code.

Sequential Time Chart for Mobile Home Foreclosurs -

1. Loan Contract/Security Agreement is entered into for Mobile Home. Confirm that the contract or agreement contains remedy of Foreclosure

2. Defaut occurs

3. Collection efforts are made, Check Security Agreement to determine if a Notice of intent to foreclose letter is required.

4. Decleration of Default, Request to prepare Notice of Default/Notice of abandonment forms and required documentation are completed by the lender and sent to the agen to begin foreclosure proceedings.

5. Agent orders Title Search from HCD

6. Notice of Default of Notice of abandonment is prepared and signed by agent, as agent foreclosing lender.

7. Notice of default or notice of abandonment is mailed Certified and regular first class mail. The notice of default has a 45 day reinstatement period. The notice of abandonment has an 18 day reinstatement period.

8. Notice of public sale is prepared and mailed on expiration of the reinstatement period. (46th or 19th day) Notice of sale is published 5 days prior to actual sale date.

9) Agent will conduct Public Sale

10) The agent will notify the lender of the results of the sale and forward proper documents to transfer title.

Posted by Rob La Monica on February 25th, 2010 12:19 AMPost a Comment (0)

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