California | Real Estate Law
Legal Question
forclosure
at the sale date of property, when it goes for auction will i get some kind of notice to vacate or is the sale date the date to be out by?
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Legal Answer
Re: forclosure
After the foreclosure say, the new owner will serve you with a Notice to Quit if you are still in the property. It is a 3-day notice if you are the former owner(s) and a 30-day notice if you are a tenant of the former owner(s).
If you still have not left after the expiration of the notice period, the new owner can file an eviction lawsuit against you to get and order for the Sheriff to remove you. Eviction lawsuits can take a couple of weeks or longer depending on the particular aspect of the case.
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Law Offices of Carl H. Starrett II 1941-C Friendship Drive El Cajon, CA 92020-1144
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Legal Answer
Re: forclosure
Mr. Starrett is right; I would only add that the reasons you can't be given a notice before the foreclosure sale include:
(a) you still have a right to redeem prior to the sale;
(b) no one knows who will be the winning bidder, and thus entitled to give a notice, until the auction sale takes place; and
(c) the buyer might want the property as an income-producing investment, and therefore might want to negotiate with you to rent or lease to you.
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Bryan R. R. Whipple, Attorney at Law P O Box 318 Tomales, CA 94971-0318
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