Legal Question in Real Estate Law in California

Re: house auction

They will give you a three day notice. If you don't move within that time, then they will file an unlawful detainer lawsuit. You will have five days to file an answer. Then a trial will be set within two to three weeks. Then, within the next week or so, the Sheriff will evict you. However, I have known former owners to seek stays from the court, file bankruptcy, and do other things to cause delay.

Re: house auction

If you are the former owner rather than a tenant of the former owner, the buyer at a foreclosure sale is entitled to immediate possession upon receiving the trustee's deed.

However, since our society and laws frown upon self-help evictions, the buyer (if it wants you out) will have to follow the eviction rules and serve you with a three-day notice to quit. If you don't, the next step by the new owner is to file and serve an unlawful detainer lawsuit. If unopposed, this will make its way through the court system in a few weeks, some county courts being more backlogged than others at this point. Within a few days of the UD trial, the sheriff will show up to carry out the eviction, so be prepared.

Many buyers, including banks buying properties they're stuck with, would rather have the foreclosed property vacant than be in the landlord business. However, it's possible the buyer would be willing to rent to you for a short while, possibly even long term. Some buyers are not buying for personal use and would rather have some income than a vacant property.