Canyon View Limited v. Nationstar Mortgage LLC (Oct. 26, 2023, B312642) 2023 WL 7037437

California’s Mobilehome Residency Law (MRL) guarantees attorney fees and costs to prevailing parties in any action arising under that statute, including an action to enforce the MRL right to take free-and-clear title to property at a court-ordered sale.  GMSR’s client, mobilehome park owner Canyon View, brought quiet title actions against defendants that had recorded documents clouding Canyon View’s title to a mobilehome Canyon View acquired at a court-ordered sale under the MRL.

Following a bench trial in which the court quieted title in Canyon View and canceled clouding documents recorded by or at the direction of a loan servicer, the trial court awarded Canyon View nearly half a million dollars in attorney fees.  The Court of Appeal affirmed the trial court’s order in full.  The Court of Appeal rejected the loan servicer’s challenges to both Canyon View’s entitlement to fees and the amount of the award, finding that many of its arguments were barred by the underlying judgment, which the loan servicer failed to appeal.

To read the Court of Appeal Opinion, click HERE.