Legal Question in Real Estate Law in California

I bought a Mobile home in 2002 for $48000 with 11% interest rate. Since September of 2002 I've been paying $545.57, never been late with payments. The agreement was done between me and the past owners with no financial institution involved. The problem is that now the trailer park is getting rid of mobile homes and only allows trailers, so if I wanted to sell it to somebody it would have to be removed from the trailer park. I signed the agreement (no notary involved) and I need to keep paying those $545.57 until September 2017.

I just want to move out from that denigrating place, I'm not even asking to be compensated or anything, I just want to move out and they can keep that mobile home. I signed that document because I was under pressure for not having a place for my family, it's been 11 years where I've paid $72000 already, much more than what that place costs. What should I do? Is there any way to terminate this agreement without getting in trouble? I'm even willing to let this affect my credit report, I just want to get out.

Here is a copy of the agreement which was only signed by me and I don't see the sellers signature and was not even signed by a notary.

Thank you so much for your help, I feel absolutely trapped and I've been honest paying them every month.

PROMISSORY AND INSTALLMENT NOTE

(Buyer's name) promise to pay to (Seller's name)

Or order at PLACE DESIGNATED BY PAYEE.

The principal sum of $48000 With interest from September 1st 2002 on the amounts of principal remaining from time to time unpaid, until said principal sum is paid, at the rate of 11% per cent, per annum. Principal and interest due in monthly installments of $545.57, or more on the 1st day of each and every month, beginning on the 1st day of September 2002 and continue monthly until September 1st 2017, at which all unpaid principal and any interest due thereon shall immediately become due and payable.

In the event the payments as herein specified are not made when due, a penalty of 5% of said installment will be charged for each payment 15 days overdue.

Each payment shall be credited first, on the interest then due, and the remainder ln the principal sum, and interest shall thereupon cease the amount so credited on the said principal sum. Should default be made in the payment of Anton said installments when due then the whole sum of principal and interest shall becomes immediately due and payable at the option of the holder of this note.

If the trustor shall sell, convey or alienate said property, or any part thereof, or any interest therein, or shall be divested of his title or any interest therein in any manner or way, wether voluntarily or involuntarily, without the written consent of the beneficiary being first had and obtained, beneficiary shall have the right, at its option, except as prohibited by law, to declare any indebtedness or obligations secured hereby, irrespective of the maturity date specified in any note evidencing the same, immediately due and payable.

Should suit be commenced to collect this note or any portion thereof, such sum as the Court may deem reasonable shall be added hereto as attorney's fee. Principal and interest payable in lawful money of the United States of America. This note is secured by title of ownership of the HCD Certificate of title with (name of seller) as LIEN HOLDERS.

Asked on 6/20/13, 12:24 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach
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This post has been sitting idle for a few days. The problem is that state law forbids closure of a mobile home park unless provisions are made to move the mobile homes and the tenants. It even affects a bankruptcy. The manner of your post indicates that you are using an excuse to get out of paying a finance agreement, but any attorney that has handled a mobile home park closure would want to know what was going on with the park closure and the local public entity overseeing that.

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Answered on 6/24/13, 2:52 pm

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