I am considering buying a home at auction and drove by the residence and the previous owner is still there. How long do they have and what would be the process to move them out?
2007-12-03 05:50:23 · 11 answers · asked by Inquirer 1 in Business & Finance ➔ Renting & Real Estate
Is the auction that you are talking about a trustee's sale?
There are different types of auctions. If the owners are still present, that sounds like a trustee's sale.
One thing to consider is that if the previous owner is still there there may be litigation and a legal dispute whether or not the trustee has the right to even sell the house.
At a trustee's sale the lender is only selling their interest to you. You will get no title insurance and no guarantee of good title.
That is one of the reasons that the sale prices at trustee's sales are substantially less than the sale prices of a property listed for sale with a guarantee of good title.
Trustee's ales are essentially high risk for the potential buyer.
You really have to know what you are doing to buy a property at a trustee's sale without losing your money in the process.
Think of a trustee's sale as a little bit like the wild west. Almost anything goes and there are lots of surprises, most of them unpleasant.
The fact that the owners are stiill present tells you that they are probably disputing the sale.
You might want to knock on their door and get their side of the story if they will talk to you.
If you present yourself as interested to hear their side of the story they might talk to you.
2007-12-03 06:27:52 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You will probably need to evict them. Once you own the house you will need to serve them with a notice to vacate/quit...usually 30 day notice make sure it is on ALL OCCUPANTS...because you probably won't know the names of all occupants...after 30 days you will file an unlawful detainer complaint and they will have FIVE days to respond...they probably won't and then you will have a default judgment against them. If they do respond, you will then set the case for trial...this can take up to 30 days or so...it will be doubtful they will have a defense to possession and make sure when you file your complaint it is for possession and for what the reasonable rent per day would be to occupy the house...that way you can get a monetary judgment against them when you get your judgment for possession. OR you can attempt to contact them and give them 30 days to move and have them sign a stipulation to vacate...and in the language add that by agreeing to the stipulation and by signing the stipulation they are waiving their first appearance and that a judgment can be entered against them if they fail to move out by the date of the signed stipulation. Once you have a judgment for possession you can set up the lock out with the sheriff's department. They can STAY any judgment for possession by filing bankruptcy which happens a lot. You can go to BK court and request a Motion for Relief from Stay and also as for IN REM RELIEF..which means no one living at the house can file for BK again to delay the eviction. Good luck.
2007-12-03 05:58:15 · answer #2 · answered by lahockeyg 5 · 1⤊ 0⤋
You can probably find the answer on line, California .gov/ realestate/ , but I believe the auction house would remove the tenant by forwarding a vacant order. If not you have the right to get a warrant to vacate the premises. That would be about thirty days or so.
Spartawo...
2007-12-03 05:57:28 · answer #3 · answered by Anonymous · 0⤊ 1⤋
30 days
2007-12-03 05:52:53 · answer #4 · answered by Anonymous · 0⤊ 0⤋
you have to serve them with an eviction notice after you win the auction. that's the downside of foreclosures, no one makes the occupant move out except the person who buys the property. if you think that sounds unpleasant, you're right.
2007-12-03 05:54:50 · answer #5 · answered by trainer and massage therapist 2 · 2⤊ 0⤋
If foreclosure auction; generally have 30 days to take posession.
2007-12-03 05:53:08 · answer #6 · answered by wizjp 7 · 0⤊ 0⤋
The courts can tell ya....but as I can recollect..usually 30 for each person in the house....each state is different...call your local realstate office...ask at the auction...they will know.
2007-12-03 05:55:07 · answer #7 · answered by gleelogan 5 · 0⤊ 1⤋
Northern California?
Ya'll just work out a deal so he can stay anyway.
Or move into a shed in the yard or something.
2007-12-03 05:54:00 · answer #8 · answered by Anonymous · 1⤊ 2⤋
you can give them a 30 day notice
2007-12-03 05:53:17 · answer #9 · answered by USAF SSGT WIFEY 2 · 0⤊ 0⤋
I will assume that it is a tax auction.
They should be gone already or gone upon sale.
2007-12-03 05:53:25 · answer #10 · answered by Fuzzybutt 7 · 0⤊ 1⤋