Cal. Civ. Code § 700.528
Contest of lien, procedure
Operative Text
1. The owner of the abandoned manufactured home, within ten days of the mailing of the real property owner's notification provided for in subsection 3 of section 700.527, may file a petition in the associate circuit division of circuit court in the county in which the abandoned manufactured home is located to contest the real property owner's lien. The petition shall name the real property owner as a defendant. The director of revenue shall not be a party to such petition, but a copy of the petition shall be served on the director who shall not issue a lien title to such abandoned manufactured home until the court by judgment upholds the lien or until the homeowner's petition is dismissed. 2. Upon the filing of the petition in the associate circuit division of circuit court, the owner may have the manufactured home released from the lien upon posting with the court, for the benefit of the real property owner, a cash or surety bond or other adequate security equal to the amount of the rental charges due and those which will accrue during the term of the proceedings to ensure payment of such rent in the event the manufactured homeowner does not prevail. Upon posting of the bond, the court shall issue an order notifying the real property owner of the posting of the bond and directing the real property owner to release the manufactured home to its owner. The court shall then proceed to determine the parties' rights to the proceeds of the bond. 3. If the court determines the homeowner owes unpaid rent under the rent agreement, the court shall give judgment to the real property owner in the sum of the unpaid rent, declare a lien in the real property owner's favor against the manufactured home, or if bond has been posted, order that so much of the bond proceeds as are necessary to satisfy the judgment to be immediately paid to the real property owner. The real property owner shall enforce the lien for the unpaid rent by submitting an application for lien title in the form and containing the information required by section 700.527. The real property owner shall attach to the application for lien title a copy of the judgment rendered by the associate circuit court. The homeowner may satisfy the lien by paying the amount set out in the judgment together with statutory judgment interest.
Missouri Revised Statutes § 700.528 establishes a court-based process by which the owner of an abandoned manufactured home can challenge a lien placed on that home by the owner of the real property where it sits. The manufactured home owner has ten days from the mailing of the required notice to file a petition in the associate circuit court of the county where the home is located, and the court then determines whether the lien is valid. If the court finds unpaid rent is owed, it can enter a judgment, declare a lien in favor of the real property owner, or direct that bond proceeds be paid to satisfy the debt. The manufactured home owner can clear the lien by paying the judgment amount plus statutory interest.
Plain English — not legal advice.
Under § 700.528, real property owners who have placed a lien on an abandoned manufactured home should be aware that the home's owner has a ten-day window after receiving the subsection 3 notice to file a court petition contesting that lien. Compliant operators generally maintain thorough records of all rental charges due and accruing, since those amounts form the basis of any bond the court may require and any eventual judgment. If the court upholds the lien, real property owners typically enforce it by submitting a lien title application to the director of revenue along with a certified copy of the associate circuit court's judgment, as outlined in § 700.528(3).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 700.528 gives manufactured home owners a formal legal avenue to contest a real property owner's lien before it results in a lien title being issued by the director of revenue. If you receive the notice described in § 700.527(3), § 700.528 provides a ten-day period to file a petition in associate circuit court, and it also allows you to seek release of the home during proceedings by posting a cash bond, surety bond, or other adequate security. Tenant-rights organizations and legal aid services familiar with Missouri manufactured housing law can help you understand what options this provision makes available and how the court process generally works.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation