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Foreclosure, notice to quit received before new owner had title.

San Jose, CA |

Home sold in foreclosure sale, acting agent on behalf of new owner sent a 3-day notice, then 2-weeks following I received a copy of the new title. The date of the 3-day notice was sent prior to the date of the title.

Does the acting agent need to serve a new 3-day notice following him "officially being on the title" or is the notice served prior sufficient in a court of law?

In other words can notice to quit be legal in court if it was served prior to the owner being on title of the new property.

Attorney Answers 2


No, you are right. The 3 day notice is not valid. It wouldn't be anyway, because you are supposed to receive a 90 day notice to vacate.

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I have done a lot of work in this area, but first you need to tell us whether you are you a tenant or a former owner as your rights depend on your status. Seems like if you got a 3 day notice you are a former owner. In that case as soon s the sale happened the new owner's agent could you send you a 3 day notice to vacate. If you are a tenant they would have to send you a 60 day notice or perhaps even honor the remainder of your lease. If you lived in a rent controlled area with just cause needed for eviction then a change in the ownership done';t consist just cause and they might not be able to evict you.
Hope this helps and good luck.

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