Repossessing a Mobile Home in California

[Anthony Vatsula]

I bought a MH for one of my sisters to live in. Turns out she couldn't move into it so I sold it. I took 1K down pmnt and made an agreement with the buyer that if he paid me 11K for the unit total I'd sign over title and registered owner status to him, both of which I retain. We wrote a promissory note and security agreement and a purchase and sale agreement to this effect. He's paid about half and now has stopped paying. Can I evict him? Do I have to foreclose on him because he has a Purchase and Sale agreement? How do I gain repossession? This is in California. Thanks for any help. I did serve him a 3 day notice that has expired about 2 weeks ago. Not sure how to proceed. Thanks, Anthony

[Loc R.]

You have to file a writ of replevin with your county, which is another way of saying a repossession.

At the very least, the title of the mobile home should read "Buyer" as the Owner, and You as the Legal Owner/Lien Holder. If you don't have that, then you need to contact an attorney ASAP.