InnoVest Resource Management's Foreclosure Forum

Home Discussion Board "Hands-On" Training Title Holding Trust Speaking Schedule Store Foreclosure Codes 50 State Resource Data Foreclosure Glossary Foreclosure Statistics 60+ Yrs Interest Rates Fillable Forms Archived Articles Dingbat Retirement Plan Links Contact / Map Home

[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Only if you don't move out before being evicted.. Posted by Ward-CA- on June 09, 2003 at 5:51 PM In Reply to: Can I be charged rent immediately after the foreclosure? posted by LEE on June 09, 2003 at 1:00 PM : I live in Los Angeles County and my home recently sold at a trustee sale. The day after the sale, the new owner asked me to start paying him rent until I could vacate. It just didn't seem right but I can't find anything regarding the exact amount of time I have to vacate before I can either be evicted or forced to pay rent. Will someone please tell me the answer or where I can find it? =•=•=•=•=•=•=•=•=•=•= Lee, You can’t be served with any notice to vacate until the winning bidder at the trustee’s sale has recorded their Trustee’s deed at the county recorder’s office. [Code of Civil Procedure Section 1161b(2)] Thereafter they have to serve you with a 3 Day Notice to Vacate (Due to Foreclosure). [CCP § 1161 (a)(b)(c)] If you haven’t moved out by the 3rd day then the new owner by foreclosure can file in court a complaint in UD (unlawful detainer). You probably don’t want to wait that long because the UD will show up on your credit record, making it very difficult to rent elsewhere with such a negative strike against you. Also, regarding the rent issue—a holdover ex-owner who refuses to vacate the unit within the noticed period owes retroactive rent based on the property’s rental value from the date of the trustee’s sale to the date she vacates the property. [MCA, Inc. v. Universal Diversified Enterprises Corp. (1972) 27 CA3d 170] Hope this helps. Follow Ups: Only if... Lee 2:13 PM, 06/14/03 (2) Re: Only if... LEE 12:12 AM, 06/22/03 (1) Post-sale vacating time... Ward-CA- 11:09 PM, 06/22/03 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : I live in Los Angeles County and my home recently sold at a trustee sale. The day after the sale, the new owner asked me to start paying him rent until I could vacate. It just didn't seem right but I can't find anything regarding the exact amount of time I have to vacate before I can either be evicted or forced to pay rent. Will someone please tell me the answer or where I can find it? : =•=•=•=•=•=•=•=•=•=•= : Lee, : You can’t be served with any notice to vacate until the winning bidder at the trustee’s sale has recorded their Trustee’s deed at the county recorder’s office. [Code of Civil Procedure Section 1161b(2)] : Thereafter they have to serve you with a 3 Day Notice to Vacate (Due to Foreclosure). [CCP § 1161 (a)(b)(c)] : If you haven’t moved out by the 3rd day then the new owner by foreclosure can file in court a complaint in UD (unlawful detainer). You probably don’t want to wait that long because the UD will show up on your credit record, making it very difficult to rent elsewhere with such a negative strike against you. : Also, regarding the rent issue—a holdover ex-owner who refuses to vacate the unit within the noticed period owes retroactive rent based on the property’s rental value from the date of the trustee’s sale to the date she vacates the property. [MCA, Inc. v. Universal Diversified Enterprises Corp. (1972) 27 CA3d 170] : Hope this helps. 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

Information provided by this website is for informational purposes only and is not a substitute for professional advice. Please consult your investment advisor and/or attorney before entering into any transaction.

Copyright © 1997-2003, InnoVest Resource Management
http://www.foreclosureforum.com

InnoVest Resource Management, 4569-A Mission Gorge Place, San Diego CA 92120-4112
(619) 283-5444, Fax (619) 283-5455