Legal Question in Real Estate Law in California

Personal Property Removal after has was sold at Auction Trustee Sale

I purchased a home through

foreclosure auction. I have access

and keys however I am willing to let

the previous owner remove their

personal property. How much time

should I give them and how should i

cover myself before giving them

access to my home?


Asked on 3/22/09, 2:11 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Personal Property Removal after has was sold at Auction Trustee Sale

If you changed the locks already, don't let them back in. Give them a date and time and hire a couple of movers to put their stuff on the street or in the driveway at that time. This will be much less trouble than evicting them.

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Answered on 3/22/09, 3:03 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Personal Property Removal after has was sold at Auction Trustee Sale

Maybe 90% of the time Mr. Stone's solution will produce the desired result cheapest and fastest. However, it is technically not kosher to use self-help this way, and a true eviction process using an unlawful detainer, writ of possession and then the sheriff is the way to go to minimize the possibility of claims and suits. A lawyer specializing in evictions should be consulted and retained.

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Answered on 3/22/09, 11:59 am


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