California Foreclosure Eviction Process
Michael Hanks, CPA (Retired)In California, foreclosure actions can be judicial or non-judicial, at the option of the lender.
Because of the legal and Court costs, most lenders instigating the foreclosure process in California choose to foreclose in a private non-judicial foreclosure sale (to avoid court costs).
Because evictions require Court approval, in non-judicial foreclosures the eviction process requires a separate action. This court action is based on the filing of a lawsuit to obtain possession of the property following foreclosure.
If the property being foreclosed is owner occupied, California law permits the new owner to serve a “3 Day Notice to Quit” upon the occupant. If the property being foreclosed is occupied by someone other than the Trustor, a “30 Day Notice to Quit” is required.
Once served, the “3 Day Notice to Quit” or “30 Day Notice to Quit” must expire before a lawsuit may be filed by the new owner. This lawsuit is called an “Unlawful Detainer”. It must be served on the occupant/defendant of the property subject to foreclosure. If personal service is available, occupant/defendant has 5 days within which to respond to the complaint.
The occupant/defendant of the property subject to foreclosure has the option to respond, which will result in the scheduling of a Court case. If the occupant/defendant of the property subject to foreclosure does not respond or later loses the Court case, a judgment for possession, in a form of a Writ of Possession, is executed by the court, usually within 10 days. This Writ of Possession is forwarded to the County Sheriff for execution of the eviction.
The law does provide the defendant some opportunities to delay the eviction process. Various motions can be filed by the defendant before the actual answer to the complaint. Each such motion will add an additional week to 10 days to the eviction.
After judgment, an "Arrieta claim" may be filed in some situations. Such claim will add an additional week to 10 days. In addition, there is always the possibility of a bankruptcy filing. In the event of a bankruptcy filing, if filed prior to judgment, a minimum of 40 days must be added to the eviction time.
Reader Comments (1)
In California we all have witnessed that foreclosure process are being rapidly increases its roots and the eviction process are divided into two parts such as in judicial and non judicial which requires separate actions of eviction process.