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  1. #1
    Join Date
    May 2009
    Posts
    4

    Default New California Law on Residential Mortgage Foreclosure

    Senate Bill No. 1137 -CHAPTER 69 OF 2008 became law on July 8, 2008 in California. It deals with the need to reduce foreclosures of defaulting residential mortgages. I need to know if this new law also applies to manufactured and mobile homes. If so, if secured loans on a manufactured/mobile home are equivalent to residential mortgages under the meaning of this BIll - see link http://www.leginfo.ca.gov/pub/07-08/..._chaptered.pdf
    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,012

    Default Re: New California Law on Residential Mortgage Foreclosure

    Read this analysis for issues with the lack of enforcement of that statute by California courts.

    Civil Code Sec. 2920 provides this definition: "A mortgage is a contract by which specific property, including an estate for years in real property, is hypothecated for the performance of an act, without the necessity of a change of possession." I don't see why a mortgage for a manufactured home wouldn't meet that definition.

  3. #3
    Join Date
    May 2009
    Posts
    4

    Default Re: New California Law on Residential Mortgage Foreclosure

    Thankyou for a prompt answer, Mr Knowitall. My remaining query is whether in Californian and/or federal law a secured loan is equivalent to a mortgage. I trust you will be able to clarify this point.

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