Legal Question in Real Estate Law in California

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.

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.