Resolve Warehouse Lien Issue

Summary

A warehouse lien on a mobile home can prevent its sale until the debt is paid. In California, contacting the lienholder to discuss using sale proceeds to satisfy the lien is advisable. Legal representation is recommended for complex issues like liens. Filing for bankruptcy can temporarily halt eviction, but consulting a bankruptcy attorney is crucial. Notices of enforcement of warehouse liens that include auction dates are considered notices of sale. Contact the San Diego County Bar Association for attorney referrals and the San Diego Legal Aid Society for immediate assistance.

Full Conversation

A warehouse lien has been placed on my mobile home preventing me from selling it, so that I can pay back rent to the park management that placed the lien
What is the amount of the lien and the back rent you owe to the park management?
Approximately $*,* for the lien and at least $*,* for back rent
What is the location of your mobile home park? This will help me provide you with the relevant laws and possibly the contact details of the nearest court.
San Diego, CA
What steps have you taken so far to resolve this issue?

In California, a warehouse lien is a legal claim against property for unpaid storage fees.

- San Diego Superior Court: * W Broadway, San Diego, CA *, (*) *-*.
A buyer for the home was found, and the proceeds are intended to pay back rent, but to my understanding, the lien is preventing the sale, so I'm not sure what to do
Have you contacted the lienholder to discuss the possibility of using the sale proceeds to satisfy the lien?

In California:
- Lienholders may agree to release the lien if they're assured of payment from the sale proceeds.
- San Diego Superior Court: * W Broadway, San Diego, CA *, (*) *-*.
No, not yet; I have been warned against speaking with them without a lawyer
Have you considered seeking legal representation? In California, it's often beneficial to have a lawyer when dealing with complex issues like liens.
Yes, but have not found an attorney that will represent me
What type of attorney have you been looking for? In California, a real estate or property law attorney would be most suitable for your case.
I have been looking for an attorney specifically for mobile home owners and evictions
Have you tried contacting the San Diego County Bar Association for a referral to an attorney specializing in mobile home law and evictions?
Not yet, but I will do so now
That's a good step. They can help you find a suitable attorney. San Diego County Bar Association: * West A Street, Suite *, San Diego, CA *, (*) *-*.
Is it okay if I text message the lienholder asking about this, or should I wait until I have a lawyer?
It's generally advisable to have legal representation before communicating with the lienholder. This ensures your interests are protected.
After more research, I can't to
I'm sorry, your message seems incomplete. Could you please provide more details or clarify your current situation with the warehouse lien?
After more research, I have some questions about some other topics that I feel may provide for remedy of the situation. First question, how do I know if I require an employment authorization document?
You may require an Employment Authorization Document (EAD) if you are not a U.S. citizen and need permission to work. Are you currently authorized to work in the U.S.?
What is the purpose of an I-* form and what potential uses for this form exist?
The I-* form is used to verify the identity and employment authorization of individuals hired in the U.S. It's required for both citizens and non-citizens.
What is a petition in context of filing for bankruptcy?
A petition in bankruptcy is a formal request to the court to declare bankruptcy. It's usually filed by the debtor, but can also be filed by creditors in certain cases.
What information is required in such a petition?
A bankruptcy petition typically requires:

- Debtor's personal information
- List of assets and liabilities
- Current income and expenditures
- Statement of financial affairs
- Schedule of executory contracts and unexpired leases.
What is the impact of registration of domestic partnership legal proceedings?
In California, registering a domestic partnership can impact legal proceedings in several ways:

- It grants legal recognition similar to marriage.
- It affects property rights, tax status, and liability for debts.
- It can influence child custody and support issues.

Can you specify the type of legal proceedings you're referring to?
I would like to handle the legal process for someone I consider to be a partner because he is discouraged by legal language and I am more capable of reading and interpreting laws and codes. We have not registered officially. but I want to protect myself while trying to help the person I call a partner. I believe I have an equitable interest in a property that we have both put a lot of time and money in to. Right now, I haven't considered how my I might be affected by trying to ask him to agree to register as domestic partners.
What is the nature of the legal process you wish to handle for your partner? This will help me provide more specific information.
He is going through an eviction process and has received a notice to vacate posted by the sheriff. I believe filing for bankruptcy might pause and prevent the sheriff from escorting us out, but am still unsure about how the law recognizes a person in my situation.
What type of bankruptcy are you considering filing? Chapter * or Chapter *? This can affect the automatic stay and eviction process.
I'm not sure exactly; I am in an unofficial partnership and trying to restore a lease agreement for space in a mobile home park that has been terminated as a result of non-payment of rent, where I am not a relevant person in the contract as it regards the land space on which the mobile home is located and have no legal rights, but I may have equitable interest in the mobile home structure itself because I had contributed financially to the maintenance of the mobile home for several years.
What is the current status of the eviction process?
We have received a notice to vacate posted by the sheriff after a writ of possession was issued after stipulations weren't upheld by me.
What is the timeline given in the notice to vacate?

In California, after a writ of possession, tenants typically have 5 days to vacate. If not, the sheriff can forcibly remove them.
We must leave before October * or be removed with no where to go
What steps have you taken since receiving the notice to vacate?
How do I file for a relief from forfeiture?
What is the current status of your lien?

In California, you can file a relief from forfeiture in the Superior Court of California, County of San Diego. Contact details: (*) *-*.
Currently uncured but may possibly be able to be cured.
What steps have you taken so far to cure the lien?

In California:
- A lien can be cured by paying the debt in full.
- Contact San Diego Superior Court for more details: (*) *-*.
How does the lien affect filing for bankruptcy?
Have you consulted with a bankruptcy attorney regarding your situation?

In general, in California:
- Bankruptcy may eliminate some liens.
- It's advisable to consult with a bankruptcy attorney.
- San Diego Bankruptcy Court contact: (*) *-*.
No, how do I find a bankruptcy attorney?
You can find a bankruptcy attorney through the California State Bar Association's Lawyer Referral Service. It's also advisable to check their experience and reviews.
Should I find a bankruptcy attorney before dealing with debt relief programs?
It's generally advisable to consult with a bankruptcy attorney before engaging with debt relief programs. They can provide guidance tailored to your situation.
Can bankruptcy stop a sheriff from removing someone from a property on the date provided on a notice to vacate, or extend the date?
Have you already received a notice to vacate from the sheriff?

In California:
- Filing for bankruptcy can temporarily halt eviction.
- Consult with a bankruptcy attorney for specific advice.
- San Diego Bankruptcy Court contact: (*) *-*.
Yes
What is the date provided on the notice to vacate?

In California:
- A notice to vacate usually gives *-60 days, depending on the reason.
- Contact San Diego Sheriff's Department for more details: (*) *-*.
October *
Explanation:

In California:
- If the eviction date has passed, you should contact a lawyer immediately.
- San Diego Legal Aid Society can help: (*) *-*.
What precisely is the definition of eviction date?
In California:
- The eviction date is the day by which the tenant must vacate the property as per the notice given by the landlord or court.
How long can a eviction be paused for if filing for bankruptcy after a writ of possession has been issued and notice to vacate has been posted?
In California:
- Filing for bankruptcy can trigger an "automatic stay" which temporarily halts eviction.
- The duration varies, consult a bankruptcy attorney.
- San Diego Bankruptcy Court contact: (*) *-*.
How does this work if there is a warehouse lien on a mobile home?
In California, a warehouse lien can be enforced by selling the property if the debt remains unpaid. Have you received a notice of sale from the lienholder?
I have received a notice of enforcement of warehouse lien which includes the date on which an auction will be held, but I am unsure if this qualifies as a notice of sale.
In California, a notice of enforcement of warehouse lien that includes an auction date is considered a notice of sale.
Then yes, I have received a notice of sale
What is the date of the auction mentioned in the notice of sale?
November *
In California:
- If the auction date has passed, you should contact a lawyer immediately.
- San Diego Legal Aid Society can help: (*) *-*.
The auction date nor eviction date have passed by.
What is your plan of action to resolve this issue before the auction and eviction dates?