It is understandable that a purchaser of a property at a trustee’s sale is anxious to immediately begin eviction proceedings in order to take possession of and market the property.
However, two recent published decisions draw into question the practice of serving the properties’ occupants with a notice to quit before perfecting title.
As more fully discussed in this article, after the Appeals Division of the Superior Court in McLitus, California, ruled that both sale and title to be perfected prior to even service of the notice to quit, the Court of Appeals in Westlake clarified that California Code of Civil Procedure § 1161a held that title must be perfected prior to the tenant being removed from the property, not prior to service of the Notice to Quit.
Source: Mortgage Daily
