You begin the process of getting possession of the home by serving a Notice to Quit and a cover sheet with language specified in Code of Civil Procedure section 1161c. The length of notice depends on who occupies the home. Generally, the notice lengths are 3-days for the prior owner, and 90-days for other know occupants. Under certain circumstances, the tenants can remain in the home for the remaining length of a fix term lease they entered into prior to the foreclosure.
Unlike a notice in a regular rental setting, a post-foreclosure notice contains no option to pay or cure a defect in order for the occupant to remain at the property. The major question, therefore, is the length of time the notice provides, and whether or not the new owner followed the proper procedures for recording title and serving the notice.
Non-foreclosure investment properties often come with existing tenants and tenants at-will. The new owner is bound by the terms of the prior lease, including honoring fix-term leases, and following notice requirements based on the length of residency. New owners are also susceptible to habitability and retaliatory eviction defenses brought by tenants who do not want to vacate.
We are here to help you gain possession and control of your investment property, whether it is post-foreclosure, or purchased on the market.