Legal Question in Real Estate Law in California

When does the foreclosed owner of a property lose his right to enter buildings on the property?

Is it 5 days before the sale, or at the moment of the sale?

When is he trespassing?


Asked on 11/23/10, 12:43 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

When the property no longer is his -- i.e. when the auction hammer falls.

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Answered on 11/28/10, 12:46 pm
Anthony Roach Law Office of Anthony A. Roach

Actually, the trustee's sale causes him to become what is known as a tenancy at suffrance. That tenancy is terminated when the new owner properly serves him with a three day notice to quit. If the new owner wants to lease to him, a new tenancy is created.

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Answered on 11/28/10, 6:35 pm


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