Purchased a property from auction. The property is occupied by the the original deed holder. He claims legal rights to the home.

Asked over 1 year ago - San Jose, CA

The man is the original deed holder, however sold his home in 2000 and in 2012 the new owners lost the home in foreclosure. In records its showing foreclosure activity started in 1998 and ended in 2012 but went through several banks first. This man living in the home has also filed motions against three of the banks that foreclosed on the property back in 2010 which were dismissed in 2011. I've tried to give him cash for keys and discuss his move out date. However, he is reluctant to do so because he believes he is the legal owner and the property isn't being sold by the rightful owner. I have also discovered he owns the parcel of land in front of the property I bought. I have a title report and it has come up clear. Does this man have any rights to this property I am purchasing.

Attorney answers (3)

  1. Karim Shawn Manji

    Contributor Level 6


    Lawyer agrees


    Answered . It seems you will have to file an unlawful detainer action against him to regain possession of the home. With a valid Notice of Trustee's Sale in hand and accompanying documents such as the deed, you can have him removed from your property.

    Offering cash for keys is nice of you but if you have rightfully bought the property from an auction, you are under no obligation to negotiate with him. I recommend filing the unlawful detainer.

  2. Tiffany Nicole Romine


    Contributor Level 11

    Answered . You can file an unlawful detainer action to gain possession of the property if you recorded a Trustee's Deed Upon Sale. Unless the man has a valid claim and can prove that the foreclosure sale was somehow fraudulent, you are considered a "bona fide" purchaser which means that you are protected from any claims the man may have against the prior banks.

    By posting on this site or answering/responding to questions does not create an attorney-client relationship and... more
  3. Joshua Andrew Smisko

    Contributor Level 11

    Answered . How long has he lived there? A few months, a few years, 10 years or more? Did the prior owners give him a lease or anything? I would gather all the deeds, title reports, etc. and find a local real estate attorney to review everything. There could be some issues here that need to be addressed.

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