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Post-sale eviction requirements in CA.
Posted by Ward-CA- on May 17, 2002 at 6:47 PM
In Reply to: Trustee sale posted by Edward Solis on May 16, 2002 at 9:53 AM
: Ward when one is successful buying at the trustee sale and the house is occupied may we start the eviction before we record the deed? I have spoken with some REO agents and they say they start the eviction before recording and they make sure to record before 14 days after the sale. What is your comment on this. : sincerely, : E. Solis
: (Los Angeles)
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Eddie, See California’s Code of Civil Procedure Section 1161a(b)(3) and and also Section 1161a(c) herein below. You will see that the code allows you to give a 3 day notice to holdover owners once your “title under the sale has been duly perfected” and a 30 day notice to a holdover tenant once your “title under the sale has been duly perfected”. Title that has been duly perfected is generally interpreted as meaning a title interest that has been recorded. So it looks like you need to record your Trustee’s Deed prior to giving any occupant, be they tenant or ex-owner, a notice to vacate due to foreclosure. The fact that some misinformed REO agents start their post-sale evictions earlier than allowed by law wouldn’t motivate me to emulate them.
1161a.
(b) In any of the following cases, a person who holds over and
continues in possession of a manufactured home, mobilehome, floating
home, or real property after a three-day written notice to quit the
property has been served upon the person, or if there is a subtenant
in actual occupation of the premises, also upon such subtenant, as
prescribed in Section 1162, may be removed therefrom as prescribed in
this chapter:
(1) Where the property has been sold pursuant to a writ of
execution against such person, or a person under whom such person
claims, and the title under the sale has been duly perfected.
(2) Where the property has been sold pursuant to a writ of sale,
upon the foreclosure by proceedings taken as prescribed in this code
of a mortgage, or under an express power of sale contained therein,
executed by such person, or a person under whom such person claims,
and the title under the foreclosure has been duly perfected.
(3) Where the property has been sold in accordance with Section
2924 of the Civil Code, under a power of sale contained in a deed of
trust executed by such person, or a person under whom such person
claims, and the title under the sale has been duly perfected.
(4) Where the property has been sold by such person, or a person
under whom such person claims, and the title under the sale has been
duly perfected.
(5) Where the property has been sold in accordance with Section
18037.5 of the Health and Safety Code under the default provisions of
a conditional sale contract or security agreement executed by such
person, or a person under whom such person claims, and the title
under the sale has been duly perfected.
(c) Notwithstanding the provisions of subdivision (b), a tenant or
subtenant in possession of a rental housing unit which has been sold
by reason of any of the causes enumerated in subdivision (b), who
rents or leases the rental housing unit either on a periodic basis
from week to week, month to month, or other interval, or for a fixed
period of time, shall be given written notice to quit pursuant to
Section 1162, at least as long as the term of hiring itself but not
exceeding 30 days, before the tenant or subtenant may be removed
therefrom as prescribed in this chapter.
(d) For the purpose of subdivision (c), "rental housing unit"
means any structure or any part thereof which is rented or offered
for rent for residential occupancy in this state.
Hope this helps.
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