Q&A

How do I evict a former owner after foreclosure in California?

How do I evict a former owner after foreclosure in California?

After the foreclosure The new owner must serve you with a 3-day written notice to “quit” (move out) and, if you do NOT move out in the 3 days, go through the formal eviction process in court in order to get possession of the home. That process typically takes several weeks. Learn more about the eviction process.

Can a former owner evict a tenant after a foreclosure?

For more information, click to read Tenant’s Rights and Duties After Foreclosure and Evicting a Tenant After Foreclosure. If the property you bought is occupied by the former owner (the person who defaulted on the mortgage and lost the house to foreclosure), you must use the “formal” eviction process.

What to do if your home is foreclosed on and you are an occupant?

If you are an occupant of a foreclosed property where the new owner filed an eviction case, talk to a lawyer or call the Tenant Foreclosure Hotline at 1-888-495-8020 to learn about your rights. Tenants in some California cities may still have a right to stay in their buildings.

Who is the new owner of a property after foreclosure?

If you bought a residential property at a trustee’s sale after foreclosure, you are the new owner. If the former owner is still living on the property and does not leave voluntarily or enter into an agreement with you for additional time on the property,…

Do you still have rights after a foreclosure?

Foreclosure eliminates all your property rights as far as ownership of the residence. However, you still maintain some rights during foreclosure, after the auction and as the tenant.

For more information, click to read Tenant’s Rights and Duties After Foreclosure and Evicting a Tenant After Foreclosure. If the property you bought is occupied by the former owner (the person who defaulted on the mortgage and lost the house to foreclosure), you must use the “formal” eviction process.

Who is the new owner after a foreclosure?

If your home was sold at a trustee’s sale after foreclosure, the highest bidder (usually your lender) becomes the new owner. If you do not leave voluntarily or enter into an agreement with the new owner for more time on the property, the new owner can evict you by the “formal” eviction process.

What are the rights of a tenant in a foreclosure?

Many state laws give important rights to tenants whose landlords have lost their properties through foreclosure. Renters and tenants are now being affected by foreclosures almost as often as homeowners. The financial downturn resulted in thousands — no, make that millions — of foreclosed homes.

When to evict an occupant in foreclosure in New York?

When the original owner continues to live in the property after a lender has obtained title by a Referee’s Deed in foreclosure, the new owner must take legal action to evict the occupant. In New York State, such evictions can be accomplished under New York Real Property Actions and Procedures Law § 713.