1- PROPERTY OWNERS RIGHT:  The property owners has the right to remain in the property until such time they are served with a 3 day notice. The clock starts to tick at that time and technically they must move out in order to avoid eviction proceeding. Code of Civil Procedure 1161(b). Our clients generally remain in the property for a long time. This is because when we take on a case, our goal is to investigate and determine if the sale can be rescinded and or cancelled. If such remedy is available, we do not see any reason for the client to move out and then move back in the house again.

2- TENANTS RIGHT: Tenants in non-just cause eviction jurisdictions who live in buildings foreclosed on before May 20th, 2009, have a right to 60 days notice to quit before the new owner is permitted to file an eviction action in court. All tenants in buildings foreclosed on after May 20th, 2009, have the following new rights under the “Helping Families Save Their HomeAct of 2009”: Tenants with a lease have a right to stay in unit until end of lease, although the lease may be terminated on 90 days’ notice by a purchaser who will occupy the unit as his/her primary residence. Tenants with expiring or month-to-month leases are entitled to a 90 day notice to quit before the new owner is permitted to file an eviction action in court. For Section 8 tenants, foreclosure is not good cause to evict. The new owner must respect existing Section 8 leases and give a 90 day notice to quit to Section 8 tenants with expiring leases. The contract with the Housing Agency remains in effect as to the successor in interest (new owner of the property) after foreclosure.