Legal Question in Real Estate Law in California
What rights does the occupant of a auction sold property have?
This person was the owner but lose her home to a quick sale / auction by the bank transaction. The new owner picked it up right away and now the previous owner is told she has to leave he premises immediately. How can she buy more time to find another place or time to pack up?
2 Answers from Attorneys
If the occupant is a former owner, their right of occupancy expires when the trustee issues the deed to the buyer at foreclosure, and thereafter the occupancy is illegal, but eviction proceedings must still be brought - figure at least four weeks until the sheriff shows up to throw the former owner out. It varies considerably. If the occupant is a bona fide tenant, in most cases the tenant will get more time under the Protecting Tenants at Foreclosure Act.
The former owner is facing an unlawful detainer. It starts with a three day notice to quit, and then a summary proceeding is filed to evict them. It is in the foreclosed owner's best interest to try to reach a settlement agreement with the new owner on the date for leaving.
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