Legal Question in Real Estate Law in California

Re: what are our rights as new owners, when old owner won;t vacate

Your house, your problem. Hire a pro to to evict them.

Re: what are our rights as new owners, when old owner won;t vacate

Attorney Nelson is most likely correct, however, you need to read your purchase agreement. As you indicate it is a short sale, then you are buying the home from the current occupants? Or, do you mean you are buying a foreclosure from the bank, and the former owners will not leave? There is a very big difference between the two.

If you are buying it on a short sale, then you are buying the home from the current owner (the occupant) with Bank permission to pay less than is owed. In that case, you should read your contract as it provides that the seller must deliver possession at some point in time after the sale closes escrow. Their failure to leave is a breach of the purchase agreement, and you can probably get to eviction faster.

If, on the other hand, you are buying the home from the bank after a foreclosure, and the foreclosed homeowner is still living in the home, you need to again read your purchase agreement. Does the purchase agreement state that the bank would give you possession of the home free of all tenants and occupants, or as I suspect, does it provide that any occupants or tenants are your problem? The later is more common. If that is the case, Attorney Nelson is correct - your house, your problem. See if the bank did serve them homeowner with the thirty day notice required by law. If they did, you can probably use their notice as a successor-in-interest, and proceed to eviction when the time is up. If not, you have to start with a 30 day notice - you may want to have the Realtor discuss with the bank having them issue it before you close escrow.

Finally, Attorney Nelson is correct - don't try this on your own. Post-foreclosure evictions are different from rent-default evictions, and you need someone who knows what they are doing. Hire an attorney - it will cost you a little money, but save you a ton of time and frustration.

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Re: what are our rights as new owners, when old owner won;t vacate

I can help you with this if you like. As your attorney I would press the seller to make possession a term of the purchase and sale, they may refuse and say there is not enough time, and you should be able to negotiate down the price. Then, as your attorney, I would go to court to get a writ of possession to remove them. I will also communicate with them in writing and hopefully they will leave before you have to complete the legal process.

Best,

Daniel Bakondi, Esq.

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