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Serving post-sale Notice to Vacate..

Posted by Ward-CA- on September 07, 2003 at 6:20 AM

In Reply to: Service Notice After Foreclosure posted by K on September 06, 2003 at 9:17 AM

: Hello

: In CA - if after foreclosure - the home is occupied by the former owner AND some renters?/friends also live there how is service done?

: Since we dont know if there is a lease or not and we do not know the names of the people, is it proper to serve the former owners with a 3 day and serve "John Doe" and Does 1-10 a 30 day???

: Certainly do not want to have a month go by and discover that such a service is not valid.

: Thank you !!

=====================

In CA the winning bidder is obliged to serve a written notice to vacate on the occupants of the foreclosed property. Ex-owners are entitled to a 3 Day Notice to Vacate whereas tenants are entitled to a 30 Day Notice to Vacate.

Service is accomplished by handing the owner and/or tenant the notice to vacate.

Yes, if you don't have the actual names of the occupants you can use the substitute of Does 1 thru 10, but I usually introduce myself as the new owner-by-foreclosure at the door and ask to come in for a few minutes. Once inside I ask who's living there and their names. Then I put their names on the notices I've brought and give them to the occupants.

Hope this helps.


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