Legal Question in Real Estate Law in California

Claiming Money Police Find in Foreclosure

I recently acquired a house in a trustee sale (foreclosure auction). After I acquired a Trustee's Deed on the property, I hired a firm and the tenants were evicted by the Sheriff's department about 60 days later. After eviction, the tenants did not request to claim any belongings. It's been 45 days since eviction, and still no request for any belongings. A local police officer called 20 days ago and said he received a tip from a reliable informant that ''contraband'' was hidden within the house and he would like to look for it. After further discussion, the officer said the ''contraband'' was not drugs but more like documents. I'm thinking it's money. Assuming it is money, and the money is from ill-gotten means (possibly a robbery or from the sale of drugs), my questions are: 1) Since I didn't know the contraband existed before purchasing the house, and I have title to the house, and after an eviction I'm entitled to all belongings not claimed within 15 days, if the police find money in the house, am I entitled to the money? (before or after the police possibly use it in a trial as evidence)? 2) If yes to #2, how do I claim the money/evidence and what's the process?, and 3) Should I allow voluntary access to the police?


Asked on 9/16/08, 2:11 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Claiming Money Police Find in Foreclosure

Tell the police to get a search warrant. Or just don't return their calls. Don't open the door or let them force themselves in, make them kick the door down. It's bad enough to have the police ransack and pillage your home without the added knowledge that you consented to it. Happy hunting!

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Answered on 9/16/08, 2:25 pm


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