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Evicting Owner's Relatives After Foreclosure

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  • 07-12-2007, 04:30 PM
    prmirage
    Evicting Owner's Relatives After Foreclosure
    Hi there...I'm hoping someone here can answer this question for me.

    I have been following a piece of property I am interested in as an investment in California where I also live. From what I have been able to gather, the owners do not live there. Currently their son lives there with family and has not been able to pay any rent for some time. Apparently it started out as a "bail out" situation and the son got in over his head and cannot make payments. The parents tried give him some time, made a few payments but from what I understand, the parents have made some sort of deal with one of the lenders and transfered deed to that lender - the other is still pending. The lender with the deed has already brokered a foreclosure agency and has notified the tenants (the son) of the already scheduled auction at the end of this month (July 25th). I am certain that the other lender will follow suit and someone, if not me, will be able to pick up the property at a reasonable price.

    To my knowledge, or anyone elses who has been kind enough with information, there is not a rental agreement between any parties. At the risk of sounding heartless, here is my question:

    Given there is not a formal rental agreement anywhere and the lender with the higher loan is in posession of the property and auctioning anyway; How quickly can I have the son evicted from the property?

    I am somewhat familiar with eviction laws in CA but they all refer to situations with rental agreements in place. I know it sounds cruel but the son has had ample time to decide what he should do. He has not been paying anything and I would like to turn the property around as quickly as possible into rentable property.

    Thanks to anyone who can help...
  • 07-13-2007, 03:24 AM
    CA LL
    Re: Evicting Owner's Relatives After Foreclosure
    An actual foreclosure invalidates any rental agreement anyway but a resale does not. Depends on how long he has lived there but likely will need to give at least 30 days (if less than a year) or 60 days (if more than a year). Hard to evict for non payment or breach (faster) since nothing to breach really.
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