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Is a purchaser of real property under a trustee’s deed required to perfect title before serving an eviction notice?
This article will discuss and analyze the results of a new California Supreme Court case regarding the procedures necessary before a new owner through foreclosure can evict the prior tenant.
Title Before Eviction Action A purchaser of real property that acquires title to property by trustee’s deed must perfect the title before serving a tenant a three-day written notice to quit. (Dr. Leevil, LLC v. Westlake Health Care Center (2018) 6 Cal.5th 474, 484-485.) “An owner that acquires title to property under a power of sale contained in a deed of trust must perfect title before serving the three-day written notice to quit required by Code of Civil Procedure section 1161a (b).”
If the real property owner does not perfect title before serving the three-day notice, the notice is premature and void, and the unlawful detainer action based upon it will be improper. (Id. at 480.)