Foreclosure in Napa>Question Details

Mark, Home Buyer in Napa, CA

What is the procedure for eviction of former owner after foreclosure sale in Ca-Thank You?

Asked by Mark, Napa, CA Tue Jul 29, 2008

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David Rivas’ answer
Mark; Mr. Bolen is right on the money. The only thing I would add to this is that you probably do not know who is living in the home for sure. If you put the owners name and the sheriff shows up and someone is living in there who's name is not on the writ of excution you will have to start all over. So the one thing I would add is on the writ write in the names of the people you know who are living there but at after their names does 1-10. This will include anyone who is living there that you do not know who they are, up to 10 other people. I would also use a Attorney if you have never done this or talk to someone who has done it. I have done this many times myself. The same type of steps are taken when someone does not pay rent. The only difference is a 3 day notice to quit for non payment of rent is used instead of the 30 day notice.
Good luck
David Rivas
Sunnyvale CA
(408) 431-7202
0 votes Thank Flag Link Tue Jul 29, 2008
Mark,
In the event that such unit is occupied by someone other than the Trustor, a 30 Day Notice to Quit is required.

Once served, such notice must expire before the commencement of any action in Unlawful Detainer. Once an Unlawful Detainer is filed, it must be served on the defendant/tenant. If personal service is available, such defendant has 5 days within which to respond to the complaint. If not able to serve personally, an order to post and mail such complaint must be obtained from the court. Such post and mail service will add a minimum of 15 days to the response period.

Once served, the matter can take two courses. One, being where the defendant does not respond to the complaint. In such an event, a default is requested and a judgment for possession should be available within 10 days of such default. Such judgment is than forwarded to the County Sheriff for execution.

If the Defendant does answer the complaint, a trial request is forwarded to the court and the trial in the action is ordinarily set within 20 days of such request. Once judgment is entered by the court, such judgment is forwarded, in a form of a Writ of Possession, to the Sheriff for execution.

Thus, an eviction that does not involve any delay tactics by the defendant should be completed within 30 to 40 days after the expiration of the Notice To Quit.

As indicated above, once a judgment for possession is obtained, it must be forwarded to the County Sheriff for execution. The Sheriff could take approximately three weeks to actually conduct the lock-out. Adding such additional time to the time necessary for an unlawful detainer action, an Unlawful Detainer action in which the defendant does not use any delay tactics takes approximately one and a half to two months to complete.
Web Reference: http://www.MikeBolen.com
0 votes Thank Flag Link Tue Jul 29, 2008
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