California  |  Real Estate Law

Having been involved in many of these, here is the process. new owner served 3 day notice to quit on old owner. Old owner doesn't move so new owner files eviction law suit called unlawful detainer ( UD) and serves same. Old owner has 10 days to respond which is either answer demurrer or motion to quash. After answer is filed New Owner requests trial. Trial set in a couple of weeks.

Tenant has different rights than you. If they live in rent controlled area with just cause required for eviction foreclosure does constitute cause. If not rent control either 60 or 90 days under CA law or until end of term of their lease under Federal Law enacted by Obama this year.

If new owner serves UD they will have to serve prejudgment right of claim to possession or they can't evict the tenants. If you get served with it give a copy of that to the tenants. Your failure to do so may cause them to get evicted. The tenants need to fill out the form and serve New Owner and file with court to protect themselves and their right to stay.

Hope that helps and good luck

By the way call the county bar association and see if they have any free legal help for evictions, most counties have programs.

I'm going to give you an alternate answer, which may or may not be right depending upon whether my interpretation of the facts is accurate.

First, your question is a bit confusing because, almost as an afterthough, you add "Also, there is a renter in the house...." There is a big legal distinction between a tenant, who is given possession of an entire unit (house, apartment) and a lodger, who is rented a room and maybe also has kitchen privileges. The tenant is entitled to notice and all the protections mentioned in Mr. Belli's answer, whereas a lodger doesn't enjoy these rights and can be asked to leave without notice. My answer assumes this renter falls into the lodger category since you also ask about "time for me to get out."

With the understanding that you are the former owner, and that there is no true tenant involved in your facts, the information about tenants and their rights in Mr. Belli's answer really doesn't apply to you, although it might be useful information to understand why your situation differs.

The auction company may not be totally clear that you are the former owner, and that there is no tenant, and that could be the cause of their conflicting statements to you.

In some rural counties, the assessor's office and the recorder's office may be combined, but as a general rule you don't want to rely upon the assessor's office for information as to who is the current legal owner. Receiving and recording (filing) ownership-related information such as deeds, deeds of trust, and notices of default is the recorder's function, and while the assessor's records should track the recorder's, it may be weeks or months behind.