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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Post foreclosure holdover times... Posted by Ward-CA- on March 21, 2004 at 1:44 PM In Reply to: Renters rights & forclosure posted by Pat on March 18, 2004 at 9:28 AM : The house I am renting is in forclosure and the trustee sale is March 23rd. What is going to happen, when must I be out by, and what process is going to happen. I have no idea about theses tings, also what do I need to do to, at least, stay past the sale, and what is going to happen after the sale. Any help would be appreciated. I live in Cal. ======================= Pat, There are two codes of civil procedure in CA that control when a holdover owner has to move out of a foreclosed home (Calif. CC§1161a(b)(3) and when a holdover tenant has to move out of a foreclosed home (Calif. CC§1161a(c). In both instances the new owner-by-foreclosure has to have recorded their trustee’s deed as a prerequesite to serving the notice. In the case of a holdover tenant you have 30 days from the date of service upon you. In your favor is the fact that most bidders at the trustee sales are not sophisticated enough to know that the proper time to serve their notice is AFTER they have recorded their trustee’s deed. They will blow it and serve you long before “. . . their title under the sale has been duly perfected” by recording it in the county recorder’s office. That will make their service invalid. So their case is vulnerable to dismissal due to the fault in their procedure. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : The house I am renting is in forclosure and the trustee sale is March 23rd. What is going to happen, when must I be out by, and what process is going to happen. I have no idea about theses tings, also what do I need to do to, at least, stay past the sale, and what is going to happen after the sale. Any help would be appreciated. I live in Cal. : ======================= : Pat, : There are two codes of civil procedure in CA that control when a holdover owner has to move out of a foreclosed home (Calif. CC§1161a(b)(3) and when a holdover tenant has to move out of a foreclosed home (Calif. CC§1161a(c). : In both instances the new owner-by-foreclosure has to have recorded their trustee’s deed as a prerequesite to serving the notice. : In the case of a holdover tenant you have 30 days from the date of service upon you. : In your favor is the fact that most bidders at the trustee sales are not sophisticated enough to know that the proper time to serve their notice is AFTER they have recorded their trustee’s deed. : They will blow it and serve you long before “. . . their title under the sale has been duly perfected” by recording it in the county recorder’s office. That will make their service invalid. So their case is vulnerable to dismissal due to the fault in their procedure. 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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