Legal Question in Real Estate Law in California

Unlawful Detainer after Foreclosure Auction

The owner losing his house to foreclosure moved out BEFORE the auction. The tenant remained.

Say the new owner follows all eviction procedures, including giving notice but eventually he has to evict and files an unlawful detainer.

Does the former owner have any legal liability to the new owner ? We have a discussion here on this and many feel that the former owner knew the house was being auctioned, and the 'ETHICAL'' thing to do would be to give the tenant notice .


Asked on 8/03/08, 12:50 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Unlawful Detainer after Foreclosure Auction

No, unless the old landlord knew of the impending foreclosure when he rented the property. The old landlord might still owe the security deposit, though.

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Answered on 8/03/08, 2:00 am


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