MikeT and GJ - thank you for the thoughtful responses.
The defaulted borrower is technically still in possession, though it seems that the house is abandoned (no lights on, no coming and going, etc.) There is no evidence of any tenant (the house is in San Francisco).
The borrower (before suing the lender) filed bankruptcy twice and in at least one filing listed the debt for which the trustee sale was held. It seems like that signals an acknowledgement of the legality of the debt, but I have yet to receive a copy of the Quiet Title complaint.
My plan is as follows:
- Do nothing until I receive and record my Trustee Deed.
- After recording, reach out to the borrower for an amicable $ for keys approach.
- Post and mail a notice of belief of abandonment
- Failing 2/3, pursue an Unlawful Detainer action.
From what you two have said, assuming the borrower seeks a litigious path combining the UD and Quiet Title cases, I will have to ride out the Quiet Title case.
I would hope that if there is an order from a judge that while the case is pending the borrower pay me reasonable rent, and then fails to do so (he’s a deadbeat after all), I could then get him evicted for just cause (failure to pay rent). Am I correct in my thinking?
Thank you again for contributing your expertise. More comments welcome.