Legal Question in Real Estate Law in California
Eviction of previous owner of foreclosed property as new owner
I purchased a property from a trustee's sale. I have recorded the trustee's deed at the recorders office 3 days ago. The previous owners are still residing in the property after 25 days after the sale, and 3 days after my deed was recorded.
I have sent him a letter with no response. What is the next step I should take?
Do I have to file an Unlawful Detainer at the court after giving him the 3 day notice to quit? From reading the Unlawful Detainer form, it seems to be for Landlord/Renter and not for foreclosures.
Please also leave contact information for my future reference,
Thank you
3 Answers from Attorneys
Re: Eviction of previous owner of foreclosed property as new owner
You need to follow the unlawful detainer process for evictions after a foreclosure sale. You will need to give the proper notice. There is no form for this type of complaint, it will have to be made by a lawyer.
Re: Eviction of previous owner of foreclosed property as new owner
I have handled this type of eviction several times. You need to have the owner served with a 3-day notice to quit. If they do not move, then you must file an eviction lawsuit on a custom-drafted pleading. The Judicial Council forms you are referring to don't really cover this type of situation. If you need assistance, feel free to give me a call.
Re: Eviction of previous owner of foreclosed property as new owner
In an eviction after foreclosure of a prior owner, a 3 day notice to quit is required to be served. If the resident is a tenant, a 30 day notice to quit is served. A "judicial form unlawful detainer" complaint cannot be used for an unlawful detainer. Please call me if you have any other questions.
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