Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Are you saying that you are still in the property that has been sold at a tax sale and the new owner has given you a 3 day notice to vacate?
Ok, have you been paying any type of rent to the new owner or have they just purchased it and are now proceeding with an eviction?
Are you wanting to know what the process is and what to expect?
Also, what state is this in?
Ok, if this is just the new owner wanting to take possession, they can't hold you liable for the condition of the property anyway because there is no contract between you and them. So you don't need any inspection and you don't have to move out in that 3 days. You can force the buyer to pursue a formal eviction action through the courts which will typically take another 2-4 weeks, depending on the court's and the sheriff's schedules before the new owner could have the sheriff physically force you to vacate.
They have to give you a 3 day notice to vacate and if you don't then they have to file a formal eviction action (unlawful detainer) in court with a complaint and a summons for you to appear in court.
Then you would attend the hearing and the judge would rule in favor of the new owner and issue a writ of restitution and set some date for you to move out. If you didn't move by that date, the owner could get the sheriff to physically remove you.
You can gain some additional time by filing an Answer when you are served with the Complaint and summons. The clerk should have a template form that you can complete and file in response to the Complaint.
It should buy you 11 to 20 additional days before a hearing is held. At the hearing you can ask the judge for more time to move out before a writ of restitution is effective for the sheriff to forcibly remove you.
After a tax sale, that is kind of a moot point at that stage of the game as the tax sale cuts off the rights to all the prior legal owners. If this was a property that was owned in joint tenancy, then when one owner passes, their interest extinguishes instantly as a matter of law leaving the survivor the sole owner. The Termination of Joint Tenancy filing is just a "clean up" filing to remove the deceased's name from the official records as an owner. But it isn't mandatory and doesn't affect the title.
As for a trust and will, the tax sale cuts off all previous owner's interests in the property..
Honestly, you don't owe any duty to the new owners and can simply put the keys in the mailbox once you have moved out and vacated. But I don't think I would be giving out tours of the property if it were me. When they contact you, I would just tell them that you will leave the keys in the mailbox when you are moved and call or text them letting them know.
Well, to be honest, if it were me, I wouldn't be particularly happy about being forced to move out of my home and therefore wouldn't be in a great mood to be giving tours.... But that is just me...
However, that would be an extremely gracious thing for you to do for the new owners..
If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.
Thanks very much...
All the best to you and yours..