Real Estate Law
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Not sure but I doubt it. House was on short sale. We entered escrow. During the process, the owner filed bankrupcy. The house was repossessed by bank and auctioned off. We bought at the aunction. For a year, owner's mom has been living there, renting it out to various people.
You need to find out whether there is a lease. This is important because of the Tenants at Foreclosure Act, which allows a tenant with a written lease to stay for the remainder of the term and a month to month tenant is allowed to stay 90 days.
If there is no lease, they can be considered trespassers and you can have them removed immediately. They are not entitled to notice like a tenant would be.
My husband's lawer said we first have to give 3 days notice to quit. Then file unlawful detainer, which will take 45 -60 days until sheriff can come and lock them out. But during the process, if the tenant declares bankrupcy, everything stops. Then we have to go to their's bankrupcy court to recuse the house since it's not owned by them. I was hoping to speed up the process. If you know a way to speed up the process, please e-mail me at [email protected] and the fee and I will come back to the forum and ask for you. Thanks for your help.
What the attorney is telling you is true IF there is a lease and they're not paying you rent - as the new owner, you're entitled to rent.
If this is not the case, you can charge them with trespassing and have them removed. IF someone is trespassing, they're not entitled to notice and the benefit of an eviction.
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