SCS/HCS/HBs 836 & 753 - In cases where a foreclosed property is occupied by a residential tenant whose lease is not void due to certain illegal uses of the premises, then the new owner of the property must give the occupant of the property notice that the foreclosure sale has occurred, that they are the new owner of the property, and if the new owner seeks possession of the property, that the occupant has ten business days from the date of the notice to vacate the premises. No unlawful detainer action or other action seeking possession of the premises may begin against the occupant until ten business days after the date the occupant is given notice that the foreclosure sale occurred. A person is not guilty of unlawful detainer until it has been at least ten business days after the date of the written notice from the new owner.
The written notice to the occupant must be sent by certified or registered mail. If the new owner does not know the name of the tenant, the notice must be sent by regular mail addressed to "occupant". The written notice must also be posted on the door of the premises. The written notice shall include in substance specific language set forth in the statute.
EMILY KALMER