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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Rush to a lock-out? Posted by Ward-CA- on August 31, 2001 at 8:36 PM In Reply to: Termite Eviction ? posted by Jason on August 31, 2001 at 5:23 PM : I bought a home at aucion today..It went for auction while a realtor had it in escrow..It is being tented for termites so the owners are vacant but some belongings are inside.. : It sounds wrong but I have to ask anyway..can I have the locks changed and allow them access to retreive belongings? They were going to leave anyway..Tent comes off in 2 days...any ideas let me know..thanks.. =•=•=•=•=•=•=•=•=•=•=•= Jason, congratulations! But no, you can’t lock ex-owners out of the house just because they aren’t in residence at the moment. No judge would countenance such a heavy handed act. There would have to be much more evidence that the occupants had left permanently, as witnessed by the turn off of utilities, the forwarding of mail to a new address, the removal of all of their personal property, etc. Before you do anything, record your trustee’s deed. California requires that you be the “owner of record” as a perquisite to serving a notice leading to an unlawful detainer action. When you receive your trustee’s deed examine it carefully for mistakes. Double check the legal description and make sure the return address in the upper left is yours. Check your vesting language (putting it into a title holding trust?) and give the whole document the once over for any typos. When you’re satisfied with your trustee’s deed make a copy of it and take both items to the Santa Barbara County Recorder’s Office. When you’re at the recording clerk’s window tell her you want your copy of the trustee’s deed conformed. That way you’ll have proof you own the property during the 3 to 4 weeks the original takes to wend it’s way through the recording process. Then go out to the property and let the people know that the sale took place (they won’t know since there’s no requirement for a formal notice of sale results to go to anyone) and you’re the new owner. At that time serve them with the 3 Day Notice To Vacate Due To Foreclosure. By the way Jason, if you haven’t thought of getting your fire insurance yet, do it first thing when your agent gets in on Tuesday morning. Good Luck. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : I bought a home at aucion today..It went for auction while a realtor had it in escrow..It is being tented for termites so the owners are vacant but some belongings are inside.. : : It sounds wrong but I have to ask anyway..can I have the locks changed and allow them access to retreive belongings? They were going to leave anyway..Tent comes off in 2 days...any ideas let me know..thanks.. : =•=•=•=•=•=•=•=•=•=•=•= : Jason, congratulations! But no, you can’t lock ex-owners out of the house just because they aren’t in residence at the moment. No judge would countenance such a heavy handed act. There would have to be much more evidence that the occupants had left permanently, as witnessed by the turn off of utilities, the forwarding of mail to a new address, the removal of all of their personal property, etc. : Before you do anything, record your trustee’s deed. California requires that you be the “owner of record” as a perquisite to serving a notice leading to an unlawful detainer action. : When you receive your trustee’s deed examine it carefully for mistakes. Double check the legal description and make sure the return address in the upper left is yours. Check your vesting language (putting it into a title holding trust?) and give the whole document the once over for any typos. : When you’re satisfied with your trustee’s deed make a copy of it and take both items to the Santa Barbara County Recorder’s Office. When you’re at the recording clerk’s window tell her you want your copy of the trustee’s deed conformed. That way you’ll have proof you own the property during the 3 to 4 weeks the original takes to wend it’s way through the recording process. : Then go out to the property and let the people know that the sale took place (they won’t know since there’s no requirement for a formal notice of sale results to go to anyone) and you’re the new owner. At that time serve them with the 3 Day Notice To Vacate Due To Foreclosure. : By the way Jason, if you haven’t thought of getting your fire insurance yet, do it first thing when your agent gets in on Tuesday morning. : Good Luck. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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