Legal Question in Real Estate Law in California

Re: former owner trying to evict after foreclosure

That's a good one! Tell your former landlord to go pound sand! As they no longer own the property, a three day notice to pay or quit is not his remedy. Now, if you owed him rent through the date the bank foreclosed, then he can pursue you for that, but cannot threaten to evict you. I assume the 60 day notice from the law firm is on behalf of the foreclosing bank, and that the foreclosure auction has been concluded? If so, then follow the advice above. If the foreclosure has not been concluded, and the former landlord is not yet out of title, then you may still be subject to eviction even if he is in the process of losing the house.

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Re: former owner trying to evict after foreclosure

The facts are confusing; however, if your landlord/owner lost the house through a foreclosure, they are no longer the legal owner. The 60 day notice you received may have been the required notice from the lender who is in the process of foreclosure, but may not have completed the sale. In this case, the landlord is still on title and if you have not paid the rent, (typically the reason for a 3 day notice) you may face eviction. I recommend you speak with an experienced landlord-tenant attorney to review your documents and advise you.

NOTICE: No attorney-client or confidential relationship is created through this communication. The information provided is of a general nature only and does not constitute legal advice or a legal opinion and requires that the poster obtain legal advice from an attorney to protect his or her rights.