Why are you in such a hurry to lockout the owner from the development? What Michelle is telling you is that until the Trustee’s Deed is recoreded, the “old” owner is still the owner. I can understand it if the HOA is the buyer at the auction as the HOA would have an interest in protecting the property. When I buy a property, If I can, I take possesion within hours of the sale, and I act as though the Trustee’s Deed has been recorded. If there is a tenant, I act as though I am the new landlord. In doing this, there is a risk that I will be challenged, or my actions uses against me later in an eviction proceeding, but in my case, it is worth the risk to secure and protect my interest in the property. So far, I have always received the Deed and with only one exception, not had my practice questioned. Even then, it was not big deal.
So, I would ask, is the risk worth the reward? If the owner wants to be nasty, I am sure he could give you and the HOA a hassle that would at least cost you laywer hours. If you think the old owner will be destructive in some way, then use the police to protect the property.