Central District Consumer Bankruptcy Attorney's Association

Whoops, make that Civil Code 798.56 not CCP.
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 6/15/2016 11:15:08 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
See CCP 798.56 et seq and CA Commercial code 7209 and 7210 regarding
landlords rights and remedies against mobilehome owners.
Mark Jessee
Sent from my iPhone
On Jun 15, 2016, at 8:42 PM, Mark Jessee _jesseelaw@aol.com_
(mailto:jesseelaw@aol.com) [cdcbaa] wrote:
It sounds like a landlord Mobilehome park not an HOA from your descriptionof it being rent and this being a Mobile home. It's not a clear
violation of the stay if notice of the Chapter 13 filing had not been
provided/received yet. In fact landlord may have a basis for retroactive annulment of
the stay depending on the facts. What prepetition notice(s) were served on
your client? Mobile homes whet someone else owns the land have there ownunique code sections for UD's. If 3 day notice properly drafted and servedand time expired, your client likely may not have a right to cure. The
client may also have been served a notice requiring sale or removal of mobile
home by a certain deadline. I'm not in office to look up those code
sections.
That said if the plan was confirmed with explicit treatment of the
landlord arrears and restoration of right to posse s yo u may have collateral
estoppel argument to prevent UD. Depends on plan language.
Mark Jessee
Sent from my iPhone
On Jun 15, 2016, at 4:29 PM, _korompisn@yahoo.com_
(mailto:korompisn@yahoo.com) [cdcbaa]
wrote:
Dear Listmates,
Isn't the HOA in violation of the auto stay when it commenced UD action against the ch 13 debtor post the case filing date?
The HOA of my ch 13 debtor filed an RFS recently stating that lease
payments were not made since the case filing date. Debtor has been making her HOA
payments since filing, and will attach proofs of her HOA payments in her
Response. The HOA has been trying to get debtor out of her mobile home space
since before her case filing.
But more strangely, the HOA states as another ground for the RFS that a UDproceeding had been commenced, and listed the date as 6 days after the
case filing date. The case was filed in Oct 2015. Isn't this a clear
violation?
The HOA also checked the box for the 361(l)(i) notice, but debtor is
paying the arrears in her plan, and has been making HOA payments post filing.
Can debtor still file an auto stay v iolation action?
Your thoughts are appreciated.
Best regards,
Nancy Korompis
626-716-7763
Whoops, make that Civil Code 798.56 not CCP.

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 6/15/2016 11:15:08 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:



See CCP 798.56 et seq and CA Commercial code 7209 and 7210 regarding landlords rights and remedies against mobilehome owners.

Mark JesseeSent from my iPhone
On Jun 15, 2016, at 8:42 PM, Mark Jessee jesseelaw@aol.com [cdcbaa] <
The post was migrated from Yahoo.

See CCP 798.56 et seq and CA Commercial code 7209 and 7210 regarding landlords rights and remedies against mobilehome owners.
Mark Jessee
Sent from my iPhone
> On Jun 15, 2016, at 8:42 PM, Mark Jessee jesseelaw@aol.com [cdcbaa] wrote:
>
> It sounds like a landlord Mobilehome park not an HOA from your description of it being rent and this being a Mobile home. It's not a clear violation of the stay if notice of the Chapter 13 filing had not been provided/received yet. In fact landlord may have a basis for retroactive annulment of the stay depending on the facts. What prepetition notice(s) were served on your client? Mobile homes whet someone else owns the land have there own unique code sections for UD's. If 3 day notice properly drafted and served and time expired, your client likely may not have a right to cure. The client may also have been served a notice requiring sale or removal of mobile home by a certain deadline. I'm not in office to look up those code sections.
>
> That said if the plan was confirmed with explicit treatment of the landlord arrears and restoration of right to posses yo u may have collateral estoppel argument to prevent UD. Depends on plan language.
>
> Mark Jessee
>
> Sent from my iPhone
>
>> On Jun 15, 2016, at 4:29 PM, korompisn@yahoo.com [cdcbaa] wrote:
>>
>>
>> Dear Listmates,
>>
>>
>>
>> Isn't the HOA in violation of the auto stay when it commenced UD action against the ch 13 debtor post the case filing date?
>>
>>
>>
>> The HOA of my ch 13 debtor filed an RFS recently stating that lease payments were not made since the case filing date. Debtor has been making her HOA payments since filing, and will attach proofs of her HOA payments in her Response. The HOA has been trying to get debtor out of her mobile home space since before her case filing.
>>
>>
>>
>> But more strangely, the HOA states as another ground for the RFS that a UD proceeding had been commenced, and listed the date as 6 days after the case filing date. The case was filed in Oct 2015. Isn't this a clear violation?
>>
>>
>>
>> The HOA also checked the box for the 361(l)(i) notice, but debtor is paying the arrears in her plan, and has been making HOA payments post filing.
>>
>>
>>
>> Can debtor still file an auto stay v iolation action?
>>
>>
>>
>> Your thoughts are appreciated.
>>
>>
>>
>> Best regards,
>>
>>
>>
>> Nancy Korompis
>>
>> 626-716-7763
>>
>
>

The post was migrated from Yahoo.

It sounds like a landlord Mobilehome park not an HOA from your description of it being rent and this being a Mobile home. It's not a clear violation of the stay if notice of the Chapter 13 filing had not been provided/received yet. In fact landlord may have a basis for retroactive annulment of the stay depending on the facts. What prepetition notice(s) were served on your client? Mobile homes whet someone else owns the land have there own unique code sections for UD's. If 3 day notice properly drafted and served and time expired, your client likely may not have a right to cure. The client may also have been served a notice requiring sale or removal of mobile home by a certain deadline. I'm not in office to look up those code sections.
That said if the plan was confirmed with explicit treatment of the landlord arrears and restoration of right to posses you may have collateral estoppel argument to prevent UD. Depends on plan language.
Mark Jessee
Sent from my iPhone
> On Jun 15, 2016, at 4:29 PM, korompisn@yahoo.com [cdcbaa] wrote:
>
> Dear Listmates,
>
>
>
> Isn't the HOA in violation of the auto stay when it commenced UD action against the ch 13 debtor post the case filing date?
>
>
>
> The HOA of my ch 13 debtor filed an RFS recently stating that lease payments were not made since the case filing date. Debtor has been making her HOA payments since filing, and will attach proofs of her HOA payments in her Response. The HOA has been trying to get debtor out of her mobile home space since before her case filing.
>
>
>
> But more strangely, the HOA states as another ground for the RFS that a UD proceeding had been commenced, and listed the date as 6 days after the case filing date. The case was filed in Oct 2015. Isn't this a clear violation?
>
>
>
> The HOA also checked the box for the 361(l)(i) notice, but debtor is paying the arrears in her plan, and has been making HOA payments post filing.
>
>
>
> Can debtor still file an auto stay v iolation action?
>
>
>
> Your thoughts are appreciated.
>
>
>
> Best regards,
>
>
>
> Nancy Korompis
>
> 626-716-7763
>
>

The post was migrated from Yahoo.