Post Foreclosure Eviction
The new owner could be the lender (bank) or a new homeowner or an investor. In any event, if they did not offer to sell or otherwise transfer the property to you in some sort of sale or transaction, they will most likely want to evict you with a post foreclosure eviction action.
If you are a tenant renting a residential dwelling foreclosed out from under you, you are entitled to a 60 day notice or, if you qualify under a new Federal Law, 90 days to move. If you are leasing a commercial space, you are entitled to a 30 day notice to vacate the property. If you are the former owner of the property (residential or commercial) the new owner (or lender) will serve you a 3 day notice to move out. The notice must be served correctly and it must contain language required by law. In both cases, when the notice expires, and if you have not vacated the property, they can commence an Unlawful Detainer (eviction) action.
If you are a tenant with a lease or a month to month agreement, your rights to remain at the property under that lease or agreement may not be extinguished (lost) by the foreclosure. Under Federal Law, certain residential leases may remain valid even after a foreclosure.
Generally, commercial leases (long term) may survive a foreclosure. They would have had to have been in existence prior to the creation of the trust deed that was foreclosed on and the lender had to have had actual or constructive notice of that lease.
Even though you may be facing an eviction, you do have rights which must be protected. You should act promptly to protect your rights, especially in these situations where your rights are limited.
You may have only 5 days to respond! If you find Unlawful Detainer papers at the property, even if you were not "served", seek assistance right away to get advice and respond with your own papers. You may wish to respond and protect your rights even if you were not named in those papers. If you do not respond quickly and correctly, you can be evicted by the Sheriff very soon.
If you cannot afford an attorney (and most of us can't), there are do-it-yourself methods that are much more affordable. For more information on low-cost do-it-yourself assistance, "How to Stop Foreclosure Evictions" can help you.
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