Central District Consumer Bankruptcy Attorney's Association

PS: I had to deal with one of these with Judge Tighe's reaffirmation court
before Judge Mund. She said she didn't have authority to rule on the
mobile home because it was a mobile home and did not have DMV registration.
greement
and that it would act like a post-petition contract with the creditor.
Therefore, whether she approved it or not, it may still be binding.
PS: I had to deal with one of these with Judge Tigh
The post was migrated from Yahoo.

Is it registered with the DMV? Then for sure personal.
Is it registered with the DMV? Then for sure personal.
The post was migrated from Yahoo.

I think it's usually personal property, by the way it's normally titled,
and the creditor usually files a UCC-1 instead of recording a deed of trust.
Judges probably approve/disapprove reaffirmation agreements the same way
they do with cars, but I have not deal with a manufactured home in a BK
case in many years.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
On Tue, Sep 23, 2014 at 4:41 PM, Holly Roark wrote:
> Christian,
>
> Did you get an answer for this?
>
>
>
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
> On Fri, May 2, 2014 at 1:35 PM, Christian Cooper christian@christiancooper.com> wrote:
>
>>
>>
>> Hi, all,
>>
>> What method(s) do you use to determine if a mobile home or manufactured
>> home should be considered to be real property or personal property?
>>
>> At the reaffirmation hearings in front of Judge Bason last week, the
>> issue came up as to whether a pro se debtor's mobile home, which was the
>> subject of a reaffirmation agreement, should be considered real property or
>> personal property. If it is real property, then the judge indicated he
>> would have no authority to either approve or disapprove the reaffirmation
>> agreement.
>>
>> He continued the hearing for that debtor, and I am now researching the
>> issue on behalf of the pro se debtor and for Public Counsel.
>>
>> I found that one possible way of determining classification as either
>> real or personal property is whether the owner filed Form 433A
>> from the California
>> Department of Housing and Community Development .
>> I am looking into whether the debtor filed this form.
>>
>> Are there any other ways you use to make such a determination?
>>
>> Thanks,
>> Christian Cooper
>>
>>
>>
>
>
I think it's usually personal property, by the way it's normally titled, and the creditor usually files a UCC-1 instead of recording a deed of trust.Judges probably approve/disapprove reaffirmation agreements the same way they do with cars, but I have not deal with a manufactured home in a BK case in many years.Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal
Specialization
The post was migrated from Yahoo.

Christian,
Did you get an answer for this?
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
On Fri, May 2, 2014 at 1:35 PM, Christian Cooper wrote:
>
>
> Hi, all,
>
> What method(s) do you use to determine if a mobile home or manufactured
> home should be considered to be real property or personal property?
>
> At the reaffirmation hearings in front of Judge Bason last week, the issue
> came up as to whether a pro se debtor's mobile home, which was the subject
> of a reaffirmation agreement, should be considered real property or
> personal property. If it is real property, then the judge indicated he
> would have no authority to either approve or disapprove the reaffirmation
> agreement.
>
> He continued the hearing for that debtor, and I am now researching the
> issue on behalf of the pro se debtor and for Public Counsel.
>
> I found that one possible way of determining classification as either real
> or personal property is whether the owner filed Form 433A
> from the California Department
> of Housing and Community Development . I am
> looking into whether the debtor filed this form.
>
> Are there any other ways you use to make such a determination?
>
> Thanks,
> Christian Cooper
>
>
>
Christian,Did you get an answer for this?Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal
Specialization
The post was migrated from Yahoo.

I think all it really breaks down to is determining whether the debtor
owns the land it sits on? If the debtor does not own the land the home sits
on (be it individually or collectively) it cannot be real property. Was adeed of trust recorded with the County Recorder (ie real property) or was it
just recorded with the Department of Housing and Community Development? If the Debtor defaults, what can the lender foreclose upon? If it is justthe coach/manufactured structure then it is not real property.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 5/2/2014 1:35:07 P.M. Pacific Daylight Time,
christian@christiancooper.com writes:
Hi, all,
What method(s) do you use to determine if a mobile home or manufactured
home should be considered to be real property or personal property?
At the reaffirmation hearings in front of Judge Bason last week, the issuecame up as to whether a pro se debtor's mobile home, which was the subjectof a reaffirmation agreement, should be considered real property or
personal property. If it is real property, then the judge indicated he would have
no authority to either approve or disapprove the reaffirmation agreement.
He continued the hearing for that debtor, and I am now researching the
issue on behalf of the pro se debtor and for Public Counsel.
I found that one possible way of determining classification as either realor personal property is whether the owner filed _Form 433A_
(http://www.hcd.ca.gov/codes/mhp/433A.pdf) from the _California Department of Housing
and Community Development_ (http://www.hcd.ca.gov/) . I am looking into
whether the debtor filed this form.
Are there any other ways you use to make such a determination?
Thanks,
Christian Cooper
I think all it really breaks down to is determining whether
the debtor owns the land it sits on? If the debtor does not own the
land the home sits on (be it individually or collectively) it
cannot be real property. Was a deed of trust recorded with the County
Recorder (ie real property) or was it just recorded with the Department of
Housing and Community Development? If the Debtor defaults, what can the
lender foreclose upon? If it is just the coach/manufactured
structure then it is not real property.

Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 5/2/2014 1:35:07 P.M. Pacific Daylight Time,
christian@christiancooper.com writes:




Hi,
all,

What
method(s) do you use to determine if a mobile home or manufactured home should
be considered to be real property or personal property?

At
the reaffirmation hearings in front of Judge Bason last week, the issue came
up as to whether a pro se debtor's mobile home, which was the subject of a
reaffirmation agreement, should be considered real property or personal
property. If it is real property, then the judge indicated he would have no
authority to either approve or disapprove the reaffirmation
agreement.

He
continued the hearing for that debtor, and I am now researching the issue on
behalf of the pro se debtor and for Public Counsel.

I found that one possible way of
determining classification as either real or personal property is whether the
owner filed Form 433A from the California Department of Housing and Community Development. I am looking into whether
the debtor filed this form.

Are there any other ways you use to make
such a determination?

Thanks,
Christian Cooper

The post was migrated from Yahoo.

Hi, all,
What method(s) do you use to determine if a mobile home or manufactured home should be considered to be real property or personal property?
At the reaffirmation hearings in front of Judge Bason last week, the issue came up as to whether a pro se debtor's mobile home, which was the subject of a reaffirmation agreement, should be considered real property or personal property. If it is real property, then the judge indicated he would have no authority to either approve or disapprove the reaffirmation agreement.
He continued the hearing for that debtor, and I am now researching the issue on behalf of the pro se debtor and for Public Counsel.
I found that one possible way of determining classification as either real or personal property is whether the owner filed Form 433A from the California Department of Housing and Community Development. I am looking into whether the debtor filed this form.
Are there any other ways you use to make such a determination?
Thanks,
Christian Cooper

The post was migrated from Yahoo.