Can the new homeowner break into the property the day after my foreclosure sale date and throw out my?

Alissa
Other/Just Looking
Torrance, CA

belongings and property just because they are the NEW property owners?

Answers (8)
Bob Georgiou
Agent
Walnut Creek, CA

No! On the date of your foreclosure you become a tenant subject to tenants rights (or possibly a squatter with sqatters rights). If this is the case, you are entitled to 60 days notice and/or eviction evidenced by the 3 day noticed described by others.

If someone broke into your home. Call the police. If you are SURE its the new owner, get an attorney. You will be happy you did.

Web Reference: http://bob2sell.com
Sat Sep 5 2009, 12:03
Marie
Other/Just Looking
Redondo Beach, CA

Usually when a property goes into foreclosure sale, you will receive a 3 day notice to quit. Hopefully prior to this time you tried to work with the bank, mortgage, or atty. If not, and the property has gone to sale. This means you need to move your property out of the home or you will be removed from the premises within 3 days. The property is no longer owned by you. After the 3 days, they may remove your belongings, change the locks. At that point you will be considered trespassing.

Fri Sep 4 2009, 20:59
Dorene Slavitz
Agent
Culver City, CA

My goodness Alissa, I have to agree with the other agents in recommending you speak with a lawyer.

Mon Jul 13 2009, 17:48
Margaret Amador
Agent
Sarasota, FL

Not being an attorney here is my gut answer. When you close on a regular sale,once that's done (you signed off on everything) the property is not yours anymore. Removing anything afterwards is theft unless there is an explicit agreement that's part of the deal.

In a foreclosure sometimes people need to be evicted from a house they owned. Sometimes they get offered "cash for keys" by the new owner the bank. In an eviction procedure the sheriff can put your stuff to the curb. You may have gotten a notice from court informing you you to vacated by a certain date. These laws are state specific. California has newer laws dealing with foreclosures and people living in foreclosed houses right after foreclosure. Check with your local HUD office.

Wed Jul 8 2009, 10:58
Calvin Neely
Agent
30240

As Minna said IF you are still living there the bank or whoever purchased it during the foreclosure sale, should go through the eviction process. If you are not living there, but still have personal belongings in the home, then they may have come in and done what is called a "trashout." This is done on many foreclosures to get the property ready to sell.

Did you receive notice of the sale? Were you given time to remove your belongings?

Wed Jul 8 2009, 10:57
Shel-lee Davis -...
Agent
California

Alissa:

Wow, someone actually did this? If this happened to you, you should contact an attorney. Although your property has sold at the foreclosure auction, you still have some rights (many of which have been expanded by recent changes in California foreclosure laws) and as the occupant I believe at the very least they need to give you three day notice. However, DO NOT take my word for this, CONTACT AN ATTORNEY.

Wed Jul 8 2009, 10:54
Dyanna
Agent
California

What do you mean new homeowner? The bank or did someone purchase the property?

Wed Jul 8 2009, 10:53
Minna Reid
Agent
Tolland, CT
FIRST ANSWER

You mean the bank? If you abandoned the property and it is now theirs - sure. However if you are still living there, they would need to evict you first.

Wed Jul 8 2009, 10:49

Didn’t find what you were looking for? Ask a question!

Search Advice
Foreclosure Center
Find the latest articles and answers on foreclosure properties! More »

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 20
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback