Cal. Civ. Code § 44-7-116
Public sales; procedure; penalty for noncompliance.
Operative Text
(a) (1) As used in this subsection, the term “public sale” means a sale: (A) Held at a place reasonably available to persons who might desire to attend and submit bids; (B) At which those attending shall be given the opportunity to bid on a competitive basis; (C) At which the sale, if made, shall be made to the highest and best bidder; and (D) Except as otherwise provided in Title 11 for advertising or dispensing with the advertising of public sales, of which notice is given by advertisement once a week for two weeks in the newspaper in which the sheriff’s advertisements are published in the county where the sale is to be held, and which notice shall state the day and hour, between 10:00 A.M. and 4:00 P.M., and the place of sale and shall briefly identify the goods to be sold. (2) Upon order of the magistrate court, the person holding the lien on the abandoned mobile home shall be authorized to sell such mobile home at public sale. (b) After satisfaction of the lien, the person selling such mobile home shall, not later than 30 days after the date of such sale, provide the clerk of the court with a copy of the bill of sale as provided to the purchaser and remit the remaining proceeds of such sale, if any, to the clerk of the court. Any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor.
Under O.C.G.A. § 44-7-116, when a mobile home has been abandoned and a lienholder obtains a magistrate court order, the lienholder may sell the mobile home through a defined public sale process — one that is open to competitive bidding, held at an accessible location, and advertised in the county's official newspaper once a week for two weeks. After the sale, any proceeds remaining after the lien is satisfied must be turned over to the clerk of the court, along with a copy of the bill of sale, within 30 days. Failure to remit those remaining proceeds and documentation on time is classified as a misdemeanor under Georgia law.
Plain English — not legal advice.
Property owners or lienholders dealing with an abandoned mobile home under O.C.G.A. § 44-7-116 generally secure a magistrate court order before proceeding to any sale. Compliant operators ensure the sale meets all public-sale criteria — including proper newspaper advertising for two consecutive weeks — and then submit the bill of sale and any surplus proceeds to the clerk of the court within the 30-day deadline. Missing that deadline or failing to remit surplus funds exposes the lienholder to misdemeanor criminal liability, so operators typically maintain careful records of sale dates and proceeds.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
O.C.G.A. § 44-7-116 establishes procedural protections around the sale of an abandoned mobile home, including requirements for public notice and competitive bidding that are designed to help ensure a fair sale price. If a mobile home is sold under this provision, any proceeds beyond what satisfies the lien must be remitted to the clerk of the court — meaning a former owner or other interested party may have a claim to those surplus funds. Individuals who believe a sale was conducted improperly, or who want to understand their rights to surplus proceeds, may wish to consult a tenant-rights organization or review the magistrate court records associated with the sale.
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 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.