- Who sends it
- The new owner or its agent, after the sale and after its title is perfected
- What it starts
- 3 days, after which the owner may file an eviction case
- Do this first
- Write down how and when it was served, and decide today whether to move, negotiate or get legal help
What this document is in California
Code of Civil Procedure section 1161a says a person who stays in a home sold under a deed of trust power of sale can be removed through an eviction case, but only after a three-day written notice to quit has been served and only once the buyer's title under the sale has been duly perfected.
This notice is for a former owner and people living with you. Tenants who rent the home get different rights: generally at least 90 days' written notice, and a tenant with a fixed-term lease can often stay until it ends (Code of Civil Procedure section 1161b).
What it does and does not mean
- It is not a court order. The new owner cannot remove you, change the locks or take your things on its own.
- If you do not leave, the owner must file a court case and serve you with a Summons, Unlawful Detainer, Eviction (form SUM-130).
- The California Courts say the eviction process can take several weeks after the notice.
- You cannot buy the home back after a trustee's sale. For homes with 1 to 4 units, some tenants and other eligible bidders may have 15 days to give notice of intent to bid and 45 days to bid, which can delay when the sale becomes final (Civil Code section 2924m).
How it must be served and how to count the 3 days
- Service must follow Code of Civil Procedure section 1162: handing it to you; or, if you are not home or at work, leaving it with a person of suitable age there and mailing a copy; or, if neither works, posting it on the property, giving a copy to someone living there if one can be found, and mailing a copy.
- Write down the date and method of service. With substituted or posted service, the date is less clear, so ask legal aid how to count it.
- California's general rule is that if the last day of a period falls on a Saturday, Sunday or holiday, it moves to the next day that is not (Code of Civil Procedure section 12a). Ask legal aid whether that applies to your notice.
- The 3 days only let the owner file a case. You still get court deadlines after that.
What to do this week
- Decide whether you can move. Talk with the new owner about more time or help with moving costs, and get any agreement in writing.
- If you think the sale was not done properly, talk to legal aid through LawHelpCA or a licensed attorney right away.
- Watch for court papers. If you are served with a Summons and Complaint, you have a short deadline to respond.
- If you rent the home from the former owner, show the new owner your lease. Tenants generally get at least 90 days' notice.
- Read after a foreclosure sale in California and how to claim surplus funds.
The rest of the California process
See how foreclosure works in California, the timeline, ways to stop it and free help in California, or read the national guide to this letter.
Common questions
Do I have to be out in 3 days after a California foreclosure?
No one can remove you after 3 days without a court case. The notice only allows the new owner to file an unlawful detainer case. After a judgment, the sheriff serves a Notice to Vacate that gives you 5 days before a lockout (Code of Civil Procedure section 715.010).
I rent a California home that was foreclosed. Does the 3-day notice apply to me?
Generally no. A tenant in a foreclosed home must usually get at least 90 days' written notice, and a fixed-term lease may have to be honored unless the new owner will live there (Code of Civil Procedure section 1161b).
Can the new owner shut off utilities or change the locks in California?
The California Courts say whoever buys your home cannot just change the locks. The new owner must serve the 3-day notice and then go through the court eviction process. Get legal help right away if someone tries to remove you without a court order.
Other California letters
- Notice of DefaultIn California, a recorded Notice of Default is the formal start of a trustee (out of court) foreclosure. It is not a sale and not an eviction. At least 3 months must pass before a Notice of Sale can set an auction, and you can catch up until 5 business days before the sale date.
- Letter about foreclosure prevention alternativesAfter a Notice of Default is recorded, a larger California servicer that offers ways to avoid foreclosure must write to you within 5 business days. The letter says you may be evaluated, whether you must apply, and how to get the application. It is your cue to apply now.
- Notice of SaleA California Notice of Sale sets the date, time and place of the trustee's sale (auction) of your home. It must be mailed, posted on your door, recorded and published at least 20 days before the sale. You may still have options, and most end 5 business days before the sale.
- Notice of surplus proceeds after a trustee's saleIf your home sold at a trustee's sale for more than the sale costs and the foreclosed loan, the trustee must mail a notice within 30 days of signing the trustee's deed. Your signed written claim must reach the trustee within 30 days after the notice is sent. You can file it yourself for free.
- Summons, Unlawful Detainer, Eviction (form SUM-130)If you stayed after the 3-day notice, the new owner can sue to evict you in an unlawful detainer case. You usually have 10 court days after you are served to file a written response. If you do nothing, the owner can win by default and the sheriff can lock you out after a 5-day notice.
Sources
- Cal. Code Civ. Proc. § 1161a
- Cal. Code Civ. Proc. § 1162 (service of notice)
- Cal. Code Civ. Proc. § 1161b (tenants after foreclosure)
- Cal. Code Civ. Proc. § 12a (deadlines that fall on a holiday)
- Cal. Code Civ. Proc. § 715.010 (writ of possession)
- Cal. Civ. Code § 2924m (post-sale bidding)
- California Courts Self-Help Guide: Your rights in a nonjudicial foreclosure
- California Courts Self-Help Guide: Tenants' rights in a foreclosure