How Do I Take Possession of Foreclosed Property
Full Question:
How do I get possession from prior homeowner of a property after a foreclosure sale?
12/06/2007 |
Category: Civil Actions |
State: California |
#13479
Answer:
The following is a CA statute:
§ 1161a Civ. Proc.
(a) As used in this section:
(1) "Manufactured home" has the same meaning as provided in Section
18007 of the Health and Safety Code.
(2) "Mobilehome" has the same meaning as provided in Section
18008 of the Health and Safety Code.
(3) "Floating home" has the same meaning as provided in subdivision (d)
of Section 18075.55 of the Health and Safety Code.
(b) In any of the following cases, a person who holds over and
continues in possession of a manufactured home, mobilehome, floating
home, or real property after a three-day written notice to quit the
property has been served upon the person, or if there is a subtenant in
actual occupation of the premises, also upon such subtenant, as
prescribed in Section 1162, may be removed therefrom as
prescribed in this chapter:
(1) Where the property has been sold pursuant to a writ of execution
against such person, or a person under whom such person claims, and the
title under the sale has been duly perfected.
(2) Where the property has been sold pursuant to a writ of sale, upon
the foreclosure by proceedings taken as prescribed in this code of a
mortgage, or under an express power of sale contained therein, executed
by such person, or a person under whom such person claims, and the title
under the foreclosure has been duly perfected.
(3) Where the property has been sold in accordance with Section 2924
of the Civil Code, under a power of sale contained in a deed of trust
executed by such person, or a person under whom such person claims, and
the title under the sale has been duly perfected.
(4) Where the property has been sold by such person, or a person under
whom such person claims, and the title under the sale has been duly
perfected.
(5) Where the property has been sold in accordance with Section
18037.5 of the Health and Safety Code under the
default provisions of a conditional sale contract or security agreement
executed by such person, or a person under whom such person claims, and
the title under the sale has been duly perfected.
(c) Notwithstanding the provisions of subdivision (b), a tenant or
subtenant in possession of a rental housing unit which has been sold by
reason of any of the causes enumerated in subdivision (b), who rents or
leases the rental housing unit either on a periodic basis from week to
week, month to month, or other interval, or for a fixed period of time,
shall be given written notice to quit pursuant to Section 1162,
at least as long as the term of hiring itself but not exceeding 30 days,
before the tenant or subtenant may be removed therefrom as prescribed in
this chapter.
(d) For the purpose of subdivision (c), "rental housing unit" means any
structure or any part thereof which is rented or offered for rent for
residential occupancy in this state.