Walk Away From Mobile Home

**worried60** · 11-11-2010, 09:58 PM

Hi, I was wondering if I choose to walk away from my mobile home, what can they do to me? I currently owe $51K and it is probably worth only $20K. I do have it listed for sale, but with the many mobile homes for sale in my park, it's not going to sell. I want to walk, and I now my credit will be ruined for awhile. But when the mortage company repossess it, and sells it, can they come after me for the balance? I live in California, isn't California a anti-deficiency state? Any advice would be appreciated. Thanks.

**Evan Bedard** · 11-12-2010, 06:44 AM

Welcome and thanks for joining the forum.

It is true California is an anti-deficiency/non-recourse state. Therefore, pretty much all foreclosure will go through the non-judicial foreclosure process which will not allow a deficiency judgment to be filed. I would call up a local real estate attorney to go over your situation for a brief free consultation.

**Brandon W** · 11-13-2010, 02:46 PM

Hi worried60. I'm in a similar situation. I owe around $101k and would probably be lucky to get $55k. I too am in a park. I recently had a consultation with a real estate attorney who originally told me I wouldn't be protected by California's anti-deficiency laws because a mobile home is considered personal property and not real property. He called me back the next day and cited Health and Safety Code 18038.7. I looked into the code it sounded like I would be protected, however, it has been cited in court twice. One appellate court ruled in favor of the defendant and another appellate court ruled against the defendant. The were separate cases. The issue that arose was the wording of "seller" in the code. The court that ruled against the defendant found the seller was not the lender. I'm still looking into this and plan on contacting the attorney again to see what he has to say about the research I did. I'll update this when I get more information. If anyone reading this has more information, it would greatly be appreciated.