Legal Question in Real Estate Law in California

Re: eviction/maintenance

I assume the lender foreclosed, was the highest bid at the foreclosure sale, and you then bought from the lender. Logically, if the person on the property was a trespasser than no need to give 60 days notice as not ther legally and no lease to rent the place. The proprety was sold to the lender as is and was sold to you as is. So the former owners, the person foreclosed aganst and the lender, are under no obligation to you for any damages caused by someone they did not give permission to live there.

Re: eviction/maintenance

I assume the lender foreclosed, was the highest bid at the foreclosure sale, and you then bought from the lender. Logically, if the person on the property was a trespasser than no need to give 60 days notice as not ther legally and no lease to rent the place. The proprety was sold to the lender as is and was sold to you as is. So the former owners, the person foreclosed aganst and the lender, are under no obligation to you for any damages caused by someone they did not give permission to live there.

Re: eviction/maintenance

I'd like to add on to Attorney Shers' analysis of your situation. You may actually have a cause of action against the squatter if they damage the property during the 60 days, but as Attorney Shers correctly asserts, you have no cause of action against the prior owner. If they truly are squatters, I'd call the police and have them removed as trespassers. Problem is, if they can show any sign of being tenants of the former owner (a rent check, a lease agreement, even the former owner saying that they were his tenant), then you are stuck waiting out the 60 days. The law is pretty clear that as to the former owner, the lender who foreclosed and you as the buyer (or even if you were the foreclosing lender) have no cause of action against the former owner for damage caused either before or after you bought the home. Any damage that existed when you bought the home is yours - you bought as is. Any damage done after you buy it, by the squatter (even if they are a tenant) is the sole responsibility of you and the squatter, so you might have an action against the squatter. If they are a squatter, however, good luck collecting (or even finding them to serve them). The prior owner of the home is protected by something called the one-action rule. In California, when a lender forecloses, the lender has to elect what type of foreclosure they are going to pursue. If they chose an administrative, non-judicial foreclosure, then with very limited exceptions, they are waiving all right to any further damages against the owner of the property. Unless this is a very unique situation, I'd bet this was a non-judicial foreclosure, and as such, the former owner is no longer liable for anything to the lender, and consequently you as the buyer from the lender. I would very seriously investigate removing the squatter before any further damage can be done. It might even be worth throwing them a few hundred dollars to leave now.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.