California Code of Civil Procedure Section 1161a provides the legal process for evicting occupants from property purchased at foreclosure sale. If you've bought a foreclosed property and the previous owner or tenants won't leave, this is the law that applies to your situation.
CCP 1161a is specifically designed for foreclosure purchasers. It provides a streamlined eviction process, but requires careful attention to notice requirements and proper documentation of your ownership.
What is CCP 1161a?
California Code of Civil Procedure Section 1161a grants the right to evict occupants from property purchased at specific types of sales:
- Trustee's sale (non-judicial foreclosure)
- Mortgage foreclosure sale (judicial foreclosure)
- Execution sale (court-ordered sale to satisfy judgment)
This section allows the new owner to treat the occupants as "tenants at sufferance"—people remaining in possession without the right to do so—and remove them through an expedited unlawful detainer process.
Who Can Use CCP 1161a?
Eligible Purchasers
Trustee's Sale Purchasers
The most common foreclosure type. Purchased property at a public auction after default on a deed of trust.
Judicial Foreclosure Purchasers
Purchased property through court-supervised foreclosure process.
Execution Sale Purchasers
Purchased property at a sheriff's sale to satisfy a court judgment.
Regular Property Purchasers
If you purchased through a normal sale (not foreclosure), use the standard eviction process under CCP 1161.
Who Can Be Evicted Under CCP 1161a?
CCP 1161a applies to anyone occupying the property after the foreclosure sale:
Former Owner
The previous owner who lost the property through foreclosure has no right to remain. They can be evicted with a 3-day notice to quit.
Tenants of the Former Owner
Tenants who rented from the foreclosed owner require special consideration. The federal Protecting Tenants at Foreclosure Act (PTFA) may provide tenants with additional rights:
- Tenants with a bona fide lease: May be entitled to 90 days notice or honor of their lease term
- Section 8 tenants: Additional federal protections apply
- Month-to-month tenants: Minimum 90 days notice under PTFA
Important: Tenant Protections
Federal law (PTFA) requires foreclosure purchasers to give bona fide tenants 90 days notice, even if you plan to occupy the property yourself. Failing to honor these protections can result in the eviction being dismissed.
Squatters or Unauthorized Occupants
People with no lease or permission to occupy can be evicted with a 3-day notice. However, be careful—sometimes people claiming to be "squatters" actually have tenant protections.
Learn more about squatter removal →
The CCP 1161a Eviction Process
Typical Timeline
If Uncontested
3-5 weeks
If Contested
6-10 weeks
Step 1: Verify Your Title
Before beginning eviction, confirm your ownership is properly recorded:
- Obtain a copy of the Trustee's Deed Upon Sale
- Verify the deed is recorded with the County Recorder
- Confirm the legal description matches the property
Step 2: Identify the Occupants
Determine who is living in the property and their status:
- Former owner vs. tenants
- Any existing lease agreements
- Section 8 or other subsidized housing
Step 3: Serve Written Notice
Under CCP 1161a, you serve a written notice requiring the occupant to vacate:
Former Owner / No Lease
3-day notice to quit for former owners or occupants without a valid lease.
Bona Fide Tenant (PTFA)
Federal law requires 90 days notice for legitimate tenants, or honor of their existing lease term.
Learn about proper notice service →
Step 4: File Unlawful Detainer
If the occupant doesn't vacate after the notice period, file an unlawful detainer lawsuit. Key documents include:
- Unlawful Detainer Complaint (citing CCP 1161a)
- Copy of Trustee's Deed Upon Sale
- Copy of the notice served
- Proof of service
Step 5: Serve Court Papers
The summons and complaint must be served on all occupants. They have 5 days to respond once served.
Step 6: Obtain Judgment
If the occupant doesn't respond, request a default judgment. If they contest, the case proceeds to trial. Unlawful detainers receive expedited court scheduling.
Detailed unlawful detainer process →
Step 7: Sheriff Lockout
After obtaining judgment, request a Writ of Possession and have the Sheriff enforce the eviction. The Sheriff posts a 5-day notice, then returns to physically remove occupants.
Required Documentation
CCP 1161a cases require specific documentation proving your right to possession:
Documents You'll Need
- •Trustee's Deed Upon Sale – Proves you purchased at foreclosure sale
- •Recording Information – Date and instrument number of recorded deed
- •Notice to Quit – Copy of the notice you served
- •Proof of Service – Declaration showing how notice was delivered
- •Property Description – Legal description matching the deed
Common Defenses in CCP 1161a Cases
Occupants may raise defenses attempting to stop the eviction:
- Defective sale: Challenging the validity of the foreclosure process
- Improper notice: Claiming the eviction notice was deficient
- Tenant protections: Asserting rights under PTFA or state law
- Title dispute: Questioning whether you're the rightful owner
- Bankruptcy: Filing bankruptcy creates an automatic stay
Having proper documentation and following the correct process minimizes the risk of these defenses succeeding.
Frequently Asked Questions
How long does a CCP 1161a eviction take?
Uncontested cases typically take 3-5 weeks. If the occupant fights the eviction, expect 6-10 weeks or longer. Having an attorney who specializes in these cases can significantly speed up the process.
Can I just change the locks after buying at foreclosure?
No. "Self-help" evictions are illegal in California. Even though you now own the property, you must go through the court process to legally remove occupants. Changing locks without a court order exposes you to significant liability.
What if there's a tenant with a lease?
If the tenant has a bona fide lease that was in place before the foreclosure, federal law (PTFA) generally requires you to either honor the lease or provide 90 days notice. The rules vary based on whether you plan to occupy the property yourself.
Do I need to offer "cash for keys"?
Not legally required, but often strategically smart. Offering the occupant money to leave voluntarily can be faster and cheaper than going through the full eviction process. Many experienced investors find this approach cost-effective.
What if the property is occupied by someone I can't identify?
You can name unknown occupants as "John Does" in the lawsuit. Proper service methods exist for situations where you can't identify the occupants by name.
Get Professional Help
CCP 1161a evictions involve both foreclosure law and landlord-tenant law. The intersection of these areas creates traps for the unwary. Working with an attorney experienced in post-foreclosure evictions ensures you don't make costly mistakes.
Steven Silverstein has handled post-foreclosure evictions throughout Southern California for over 45 years. Call 714-832-3651 for a consultation on your CCP 1161a case.