I purchased a property at the Trustee Auction Today. Found out that the unit is vacant. May I legally enter the property before I record a Deed?
If the property is vacant you can enter and change the locks the same day as the sale. The trustees deed will be delivered to you typically within 10 days. Provided you record it within 15 days then the transfer is valid the date of the sale.
Michelle, Thanks for the reply. Are you sure about that? My attorney wants me to have a recorded deed before I enter this property?
Hi Mike, It is obviously safest to wait until you have the Deed recorded. This is especially true in these unprecedented times of lawsuits and rescinded sales. Once the trustees deed is delivered and recorded within 15 days the transfer is effective the date of the sale. If you have reason to be concerned then you should wait until you get the deed.
Michelle’s right on, but let me add… Ask your attorney what the downside might be if you never receive the deed? Given that you had a reasonable explanation that you would, and that the house was vacant, I don’t really see one… but I’m not an attorney. Now, ask yourself what the potential downside of not taking immediate possession and securing the property? Someone could move in, thus requiring you to go through a full eviction process. Vandals could damage the property costing you thousands. Compare the downside of each, and then make your decision. And when you speak to your attorney, make sure they know that if you get the deed and record it within 15 days, CA Civil Code 2924 states that the transfer is effective as of 8am the day of sale. Many aren’t familiar with this code and assume the transfer is effective the date of recording.
Great Answers. Thank You so much. My attorney stands to be corrected