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MOBILEHOMES-MANUFACTURED HOUSING ACT OF 1980
To cure the default you may also be required to reimburse the creditor for its reasonable attorney’s fees and legal
expenses and for any other sums to which the creditor may have become entitled under the terms of your credit
agreement after the date of this notice.
You may entirely repay the outstanding obligation by paying the creditor _____________ (state dollar amount
required to obtain release of if the security interest, and amount may increase due to passage of time, state that fact)
plus any amount necessary to reimburse the creditor for its reasonable attorney’s fees and legal expenses and
any other sums to which the creditor may have become entitled after the date of this notice under the terms
of your agreement.
(2) Within five days following the mailing of the notice of default required by paragraph (1), the foreclosing creditor
shall forward a copy thereof to the legal owner shown on the current registration card, if different than the foreclosing creditor,
and to each junior lienholder shown on the current registration card, if different than the foreclosing creditor, and, effective
July 1, 1985, to the department. The notice shall be forwarded to each party in the same manner as provided for mailing the
original notice to the registered owner.
(3) In the event of default under the provisions of any security agreement relating to a loan or conditional sale
contract which, according to its terms, gives the secured party the right to foreclose its security interest in a
manufactured home, mobilehome, truck camper, or floating home, each registered owner and each junior lienholder
having a security interest which is subordinate to the security interest of the foreclosing creditor shall have the right to
cure the default by the methods and in the manner prescribed in the notice within 45 days after mailing of the notice to
the registered owner required by paragraph (1).
(4) If the default is not cured within the time indicated on the notice required by paragraph (1), or if the property has
been abandoned by the registered owner or voluntarily surrendered by the registered owner to the foreclosing creditor, the
creditor may proceed to sell the property at private or public sale pursuant to the provisions of Section 9610 of the
Commercial Code, except as provided in paragraph (5) and subdivision (c). The notice of sale required by Sections 9610,
9611, 9617, 9618, and 9624 of the Commercial Code shall not be mailed or delivered before expiration of the period for
the right to cure the default, as stated in the notice required by paragraph (1), unless the property has been abandoned by
the registered owner or voluntarily surrendered by the registered owner to the foreclosing creditor.
(5) Notwithstanding any contrary provisions of Sections 9610, 9611, 9615, 9617, 9618, and 9624 of the
Commercial Code, the foreclosing creditor shall deposit or cause to be deposited in the United States mail, registered or
certified with postage prepaid, an envelope containing the notice of sale addressed to each party to whom the notice of
default was mailed pursuant to paragraph (2). The notice of sale shall be given at least 10 days before the date fixed for a
public sale or on or after which any private sale is to be made.
(6) For purposes of this subdivision, a manufactured home, mobilehome, truck camper, or floating home shall be deemed
abandoned if the foreclosing creditor gives written notice of its belief of abandonment to the registered owner as
provided in this paragraph and the registered owner fails to give the foreclosing creditor written notice, prior to the
appropriate date specified in the foreclosing creditor’s notice, stating that the registered owner has not abandoned and does
not intend to abandon the manufactured home, mobilehome, truck camper, or floating home and stating an address at
which the registered owner may be served by certified mail with a summons in connection with any legal action which the
foreclosing creditor may appropriately initiate. The foreclosing creditor may give a notice of belief of abandonment only
where it reasonably believes that the registered owner has abandoned the manufactured home, mobilehome, truck camper,
or floating home. The notice of belief of abandonment shall be personally delivered to the registered owner or sent by
registered or certified mail, with postage prepaid, to the registered owner at his or her last known address and, if there is
reason to believe that the notice sent to that address will not be received by the registered owner, to any other address, if
any, known to the foreclosing creditor where the registered owner may reasonably be expected to receive the notice. The
notice of belief of abandonment shall be in substantially the following form in at least 10–point type:
NOTICE OF BELIEF OF ABANDONMENT
To:
(names of all registered owners)
This notice is given pursuant to Section 18037.5 of the Health and Safety Code concerning your manufactured home,
mobilehome, truck camper, or floating home located at
(address of manufactured home, mobilehome, truck camper, or floating home as shown on current registration)
(if the registered owner is not the person who is in default, substitute name of defaulting person(s)) are in default under the terms
of the
(identify security agreement or conditional sale contract by title or caption and date)
in that____________________________________________________________________________
(describe default)
This default gives the foreclosing creditor named below the right to sell your manufactured home, mobilehome, truck
camper, or floating home which is registered with the Department of Housing and Community Development under
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