If you recently purchased a property through a foreclosure or trustee sale in Los Angeles County and are now faced with occupants who refuse to leave, you may be wondering: how do I legally remove them? Whether they are former owners, tenants, or squatters, California law offers a detailed but strictly regulated process to regain possession. This article provides a comprehensive, up-to-date guide tailored specifically for post-foreclosure evictions in Los Angeles County as of 2025.
Step 1: Identify the Type of Occupant
Before initiating eviction proceedings, it is critical to determine who is living in the property:
- Former owner (borrower): No longer has the legal right to remain post-foreclosure.
- Tenant with a lease: May have rights under the Protecting Tenants at Foreclosure Act (PTFA).
- Squatter or unauthorized occupant: No legal right to occupy the property.
Understanding this classification determines the type of notice you must serve and whether special protections apply.
Step 2: Understand Federal and State Protections
Under the Protecting Tenants at Foreclosure Act (PTFA), reinstated permanently in 2018 and still effective in 2025:
- Bona fide tenants are entitled to 90 days’ written notice to vacate.
- Leases signed before the foreclosure may survive unless the new owner intends to move in as a primary residence.
In California, Code of Civil Procedure §1161a governs post-foreclosure evictions. You must establish that you are a bona fide purchaser and that the occupant does not have a superior right to possession.
Step 3: Serve the Proper Notice to Quit
Based on the occupant type, you must serve one of the following:
- Former Owner:
- Serve a 3-Day Notice to Quit (No Cure) under CCP §1161a(b)(3).
- No rent needs to be accepted.
- Tenant (Bona Fide):
- Serve a 90-Day Notice to Quit per PTFA and CCP §1161b.
- Must be served personally or via substituted service and mail.
- Unauthorized Occupant/Squatter:
- Serve a 3-Day Notice to Quit (no right to cure).
Note: In Los Angeles City, tenants may have additional protections under the Just Cause Ordinance or RSO (Rent Stabilization Ordinance). Always check local rules.
Step 4: File an Unlawful Detainer Lawsuit
If the notice expires and the occupant has not vacated:
- File a complaint for unlawful detainer in the proper Los Angeles County Superior Court venue.
- Attach supporting documents:
- Trustee’s Deed Upon Sale
- Notice to Quit
- Proof of Service
- Serve the Summons and Complaint via a licensed process server.
Step 5: Prepare for a Possible Trial
If the occupant files a responsive pleading (Answer, Demurrer, or Motion to Quash):
- Request a trial date.
- Compile and organize evidence (title documents, notices, service declarations).
- Typical UD trials are scheduled within 20-30 days.
If no response is filed:
- Request a default judgment.
- Apply for a Writ of Possession.
Step 6: Sheriff Lockout (Reclaiming Possession)
Once judgment is entered:
- Submit the Writ of Possession to the Los Angeles County Sheriff.
- The Sheriff will post a 5-Day Notice to Vacate.
- If the occupants remain, the Sheriff will perform a physical lockout.
- Change locks and secure the property immediately.
Special Considerations in Rent-Controlled Areas
Properties located in the following jurisdictions may still be subject to additional regulations, even after foreclosure:
- City of Los Angeles (LAMC Chapter XV)
- Santa Monica
- West Hollywood
- Inglewood
Requirements may include:
- Relocation payments
- Just cause eviction criteria
- Registration of the tenancy or eviction with the local housing department
Always check with a qualified Los Angeles landlord attorney before proceeding.
Final Thoughts: Consult with an Attorney
Post-foreclosure evictions in Los Angeles County are legally complex and highly regulated. Any misstep in notices, timing, or local compliance could result in significant delays or dismissal of your case.
Hiring an experienced landlord-side eviction attorney is the safest way to ensure the property is lawfully and quickly recovered. At Mirage Law, we specialize in handling post-foreclosure and trustee sale evictions and can represent you throughout the process.
Need help now? Contact Mirage Law today for a free consultation.