CASE: Robert Alcorn, et al. v Doheney-Vidovich Partners
In December 1, 2006, the residents of Blue Pacific Mobilehome Park in Aptos,
CA, filed a lawsuit against the park owner for failure to maintain their
park. David Semelsberger and James Allen of the San Diego law firm of
Endeman Lincoln Turkey & Heater, LLP represented the residents. As
part of the 2008 settlement of the lawsuit, the residents were given the
opportunity to purchase the park at a reduced price. On August 30, 2011,
after a long loan process, the residents closed escrow on the park purchase.
The residents contacted Endeman Lincoln Turek & Heater, LLP in 2006
because of problems with their electrical, water and sewer systems, as
well as the clubhouse, pool and streets. After the lawsuit was filed,
the park owner made improvements to the clubhouse and streets.
The Plaintiffs represented about 50 of the 100 total spaces in the park.
The Plaintiff group reached out to non-Plaintiff residents, and obtained
85% participation of all residents to buy the park.
Deane Sargent of PMC Financial acted as the loan consultant for the residents,
who were able to obtain a first mortgage loan guaranteed by HUD. The loan
is a 40-year, full amortization, non-recourse loan made to the Blue Pacific
Mobile Home Owner’s Association (BPHOA). The financing structure
included hundreds of thousands of dollar for reserves, such as for:
- Future replacements
- Debt service
- Daily operations
- Fund for additional improvements in the park
David Loop acted as the Association’s attorney in the purchase process.
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