Post-Foreclosure Evictions: Procedural Guidance

Pursuant to CCP 1161a-1161c, special procedures apply when a mortgage lender or buyer of a foreclosed property seeks to initiate unlawful detainer proceedings against the former property owner or the tenants of the former owner.  Although these procedures must be followed carefully to avoid delay in the eviction process, many of the traditional landlord-tenant practice guides offer little guidance for evicting the former owner or their tenants.

Matthew Bender Practice Guide: California Landlord-Tenant Litigation, a new title from LexisNexis, is the exception. The authors of this practice guide discuss in detail the procedures for eviction under CCP 1161, with citations to recent appellate decisions. Chapter 4, “Termination of Tenancy,” includes explanation of applicable notice periods and requirements for terminating the tenancy, which differ for the former owner and for any tenants of the former owner. Chapter 5, “Unlawful Detainer” reminds readers that they cannot use the standard Judicial Council Unlawful Detainer Complaint form to evict after foreclosure, but must draft a complaint form that incorporates specific elements and allegations. A template for a “Complaint to Evict Residential Tenant After Sale Under Writ of Execution pursuant to CCP 1161a” is provided. The authors also discuss perfection of title, and the effect of local rent control ordinances on a buyer’s ability to evict a tenant from a foreclosed property.

Matthew Bender Practice Guide: California Landlord-Tenant Litigation is available at the Main Library in Oakland.

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