A foreclosure auction buyer must evict occupants who refuse to vacate. Which post-foreclosure eviction process is applicable will depend on the type of foreclosure (trustee sale, sheriff sale, or tax foreclosure), the type of occupants (former owner and/or tenants).
Most foreclosures are conducted as a trustee sale under a deed of trust. The statute that governs trustee sale foreclosures allows the foreclosure purchaser the right to obtain possession via an unlawful detainer action, which is what most people are referring to when they speak of an eviction.
The trustee sale buyer is legally entitled to possession against the former owner and other non-tenant occupants twenty days after the trustee sale.
State law requires the successful bidder at a trustee sale to serve a post-foreclosure notice to vacate. The contents of this notice are mandated by state statute. Failure to serve the post-foreclosure notice may lead to a dismissal in court.
Both state and federal law gives additional protections to tenants of foreclosed properties. Federal law requires at least 90 days’ notice to any “bona fide tenant” of a property where a “federally-related mortgage loan” was foreclosed.
If you have purchased a foreclosed property you are encouraged to consult with an eviction attorney.