Eviction Property California Foreclosure

State:
California
Control #:
CA-P113-PKG
Format:
Word; 
Rich Text
Instant download

Description

The California Eviction in Foreclosure Package is a critical resource for individuals or entities seeking to evict tenants following the foreclosure of a property. This package includes essential documents such as a summary of California law on tenants' rights in foreclosure situations, a cover sheet for eviction notices, a 90-day lease termination notice, a sample notice advising tenants of their rights, and a comprehensive guide to the Protecting Tenants at Foreclosure Act. The package supports legal compliance with both state and federal laws, ensuring users understand their obligations and the tenants' rights involved. It is designed for a variety of users including attorneys, partners, property owners, associates, paralegals, and legal assistants, facilitating their ability to navigate the eviction process effectively. Users are encouraged to complete the forms electronically, with instructions provided for utilizing form fields in Word or PDF formats. Additionally, the package emphasizes the importance of securely storing legal documents and offers a disclaimer regarding the information and forms provided.
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FAQ

Until the home is sold, you must continue to pay your monthly rent to your landlord. You owe rent to the new owner once the home is sold. If the new owner wants you to move out, they must give you a 90-day written notice. If you don't move out within 90 days, they can begin the eviction process.

To start a judicial foreclosure, the lender files the appropriate court action against the owner in default. Usually this is in the form of a lis pendens (pending lawsuit) against the owner. If it rules against the owner, the court will order a public sale of the property.

CCP §1161b(a) requires that nearly all tenants in foreclosed properties receive a 90-day notice before eviction commences, regardless of any relationship between the tenant and former owner. The only exception is for tenants who live in the property with the former owner.

Fide purchaser (BFP), must serve the previous homeowner with a 3-day notice to quit. If the former homeowner continues to occupy the property after this notice expires, or ?holdover,? the foreclosing entity or BFP must bring a judicial unlawful detainer action to evict.

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Eviction Property California Foreclosure