Legal Question in Real Estate Law in California

Re: forclosure in california

No, but it would be up to you to prove to the satisfaction of a court if you contested the validity of the foreclosure proceedings. if you intend to contest the validity, you should consult an attorney right away to commence legal action before the foreclosure sale happens. Once the sale has been completed and the deed recorded, there is a rebuttal presumption that the sale was valid.

Once the new owner takes title, they must serve the occupants with a Notice to Quit. The notice period is 3 days if the occupants are the former owners and 30 days if the occupants are renters of the former owners. If the occupants do not vacate after the notice period, the new owners can file a standard eviction lawsuit.

Re: forclosure in california

There has to be a recording and posting of the sale for a forclosure sale not to be set aside. If notices were sent certified and not accepted, the notices are still valid. We would have to review what documentation you have and the chain of title to see if we can help you.