Property tax sale

[wenny]

I live in California. What can I do if I have bought a property from County of San Diego property tax sale, but the prior owner refuses to move out?

Your advice is highly appreciated.

wenny

 

[Litigation!]

I live in California. What can I do if I have bought a property from County of San Diego property tax sale, but the prior owner refuses to move out?

Your advice is highly appreciated.

wenny

My response:

It's called the "Eviction" process.

IAAL

 

[garrula lingua]

You need an atty to do an "Unlawful Detainer" (eviction) for you.

Try calling the Bar Assoc of San Diego & they should be able to refer you to an atty.

 

[pojo2]

I ask out of ignornace but does Ca. have a redemption period even AFTER the property is sold? My state has quite a bit of time even after the sell for the owner to redeem the property and perhaps this is what they intend to do and are just trying to buy time. At any rate start the eviction process.

When did you buy the property, last week or several weeks or months ago?

Good luck because when push comes to shove in these matters the owners are angry people, yes even if the situation is of their own making, and what you get when you go into that house is the shock of your life.

 

[wenny]

Thank you very much for your response. I thought about filing unlawful detainer action, but the prior property owner and I are not in tenant and landlord relationship. Do you think I can file unlawful detainer action against prior property owner in my case?

 

[Litigation!]

Thank you very much for your response. I thought about filing unlawful detainer action, but the prior property owner and I are not in tenant and landlord relationship. Do you think I can file unlawful detainer action against prior property owner in my case?

My response:

Believe it or not, you ARE in a landlord/tenant relationship. It's called a month-to-month holdover tenancy. A tenant who remains in possession after his or her subordinate lease terminates by a foreclosure sale does so only as a holdover tenant. [Principal Mut. Life Ins. Co. v. Vars, Pave, McCord & Freedman (1998) 65 Cal.App.4th 1469, 1478, 77 Cal.Rptr.2d 479, 484]

I would suggest that you buy a book on the eviction process and start it, after you deliver proper notice to YOUR tenant.

IAAL


P.S. Vars, Pave, McCord & Freedman is an excellent law firm. One of the finest.

 

[HomeGuru]

Thank you very much for your response. I thought about filing unlawful detainer action, but the prior property owner and I are not in tenant and landlord relationship. Do you think I can file unlawful detainer action against prior property owner in my case?

**A: you have a lot to learn.

 

[pojo2]

**A: you have a lot to learn.

Probably at a pretty high price when all is said and done.

Also this will not happen overnight unless THEY decide it will.

 

[wenny]

My response:

Believe it or not, you ARE in a landlord/tenant relationship. It's called a month-to-month holdover tenancy. A tenant who remains in possession after his or her subordinate lease terminates by a foreclosure sale does so only as a holdover tenant. [Principal Mut. Life Ins. Co. v. Vars, Pave, McCord & Freedman (1998) 65 Cal.App.4th 1469, 1478, 77 Cal.Rptr.2d 479, 484]

I would suggest that you buy a book on the eviction process and start it, after you deliver proper notice to YOUR tenant.

IAAL


P.S. Vars, Pave, McCord & Freedman is an excellent law firm. One of the finest.

Unlawful detainer action is exactly what I desire if I have no other choices. Thank you so much for guiding me on this. The good news is that I am still doing due diligence, and now I need to budget legal fees in the bidding price of property tax sale. Do you have a general idea how much the eviction process would cost if I retained the law firm that you recommended? Thanks Again!

 

[Litigation!]

Unlawful detainer action is exactly what I desire if I have no other choices. Thank you so much for guiding me on this. The good news is that I am still doing due diligence, and now I need to budget legal fees in the bidding price of property tax sale. Do you have a general idea how much the eviction process would cost if I retained the law firm that you recommended? Thanks Again!

My response:

You can run your own eviction yourself. You don't need a law firm. Oh, and speaking of law firms, I wasn't making any recommendations. I was merely acknowledging my good friends at Vars, Pave, McCord & Freedman. While I and my law firm have beaten them on a few occasions, they are still a wonderful firm. They, like myself, know what they're doing.

However, if you don't have the time, and have about $5,000 to burn in Retainer Fees, then by all means, hire a local law firm.


IAAL

 

[wenny]

My response:

You can run your own eviction yourself. You don't need a law firm. Oh, and speaking of law firms, I wasn't making any recommendations. I was merely acknowledging my good friends at Vars, Pave, McCord & Freedman. While I and my law firm have beaten them on a few occasions, they are still a wonderful firm. They, like myself, know what they're doing.

However, if you don't have the time, and have about $5,000 to burn in Retainer Fees, then by all means, hire a local law firm.


IAAL

Thanks again for your advice. May I ask where your firm is located?

 

[pojo2]

Thanks again for your advice. May I ask where your firm is located?

Terms of the site prohibit such actions. It is also why you will generally not see much of the "my firm" type replies around here.

 

[wenny]

My response:

You can run your own eviction yourself. You don't need a law firm. Oh, and speaking of law firms, I wasn't making any recommendations. I was merely acknowledging my good friends at Vars, Pave, McCord & Freedman. While I and my law firm have beaten them on a few occasions, they are still a wonderful firm. They, like myself, know what they're doing.

However, if you don't have the time, and have about $5,000 to burn in Retainer Fees, then by all means, hire a local law firm.


IAAL

Now I have another question. What if a tenant not the owner is living in the house that has been sold at property tax sale? Can I terminate the lease and ask the tenant to leave? Can I knock the door and tell the tenant that I am the new owner? What's tenant's right in a situation like this?

Thanks in advance for your advice.

 

[pojo2]

What if a tenant not the owner is living in the house that has been sold at property tax sale? Can I terminate the lease and ask the tenant to leave? Can I knock the door and tell the tenant that I am the new owner? What's tenant's right in a situation like this?

Thanks in advance for your advice.

For those passing through these are questions that should have answers WAY BEFORE one gets the property, not after the deed is done.

 

[HomeGuru]

yes, I agree. Due dilgence.