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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Only if... Posted by Lee on June 14, 2003 at 2:13 PM In Reply to: Only if you don't move out before being evicted.. posted by Ward-CA- on June 09, 2003 at 5:51 PM Thank you, Ward. The knowledge you freely share in this forum is amazing and I can't thank you enough. I am fortunate to have found this site while trying to cope with unfortunate circumstances. Just like many people, these buyers automatically assume I'm naive, coupled with an IQ deficiency, reasoning that I'm single as well as blonde. The southern accent might also come into play, 'Ya think'? What they don't see is my determination not to be a victim which, in the end, leaves THEM tongue-tied and asking, "What just happened?". I hope this gives you an idea of your impact on what's 'goin' down' in my situation. Your answer does bring up one other question: If it's just a matter of the winning bidder getting the trustee's deed recorded by the county, what's the least amount of time in which this process can be completed? Could they possibly have it completed the day after the sale? Once again, I appreciate this more than you know ...as my daughter would say, "You're my new best friend"...actually it's just NBF. Many Thanks, Lee : : 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: 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: : Thank you, Ward. The knowledge you freely share in this forum is amazing and I can't thank you enough. I am fortunate to have found this site while trying to cope with unfortunate circumstances. Just like many people, these buyers automatically assume I'm naive, coupled with an IQ deficiency, reasoning that I'm single as well as blonde. The southern accent might also come into play, 'Ya think'? What they don't see is my determination not to be a victim which, in the end, leaves THEM tongue-tied and asking, "What just happened?". I hope this gives you an idea of your impact on what's 'goin' down' in my situation. : Your answer does bring up one other question: If it's just a matter of the winning bidder getting the trustee's deed recorded by the county, what's the least amount of time in which this process can be completed? Could they possibly have it completed the day after the sale? : Once again, I appreciate this more than you know ...as my daughter would say, "You're my new best friend"...actually it's just NBF. : Many Thanks, : Lee : : : : 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

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