eviction after foreclosure, Unlawful Detainer needed or go right to Writ of Possession?

I acquired a house by foreclosure due to due to lack of monthly payments by the previous owner for money I provided as a second loan. I had the previous owner served with a three-day “Notice to Quit” per CCP 1161a(b)(3) (California law). Five days later I began filling in an Unlawful Detainer (UD-100) and noticed at the bottom of the first page “Do not use this form for evictions after sale (Code Civ. Proc. para. 1161a)”.
My question is: what (California) form should I use to proceed with the eviction?

Posted in Landlord Tenant Law.

One Comment

  1. You bought a second loan? You own the loan then, not the property.

    You need to finish the foreclosure first, which would mean satisfying the first mortgage.

    You have no right to evict without having title, which I do not think you have.

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