Corporate Counsel Bulletin:
When Does The Amended Notice of Sale To Resident Provisions Of AB 2610
(Civil Code § 2924.8) Take Effect?

Phil Adleson, Esq.

By Phil Adleson, Esq., Adleson, Hess & Kelly

Last year, the California legislature passed AB 2610 which was signed by the Governor and enrolled by the Secretary of State.   Among other things, AB 2610 amended California Code of Civil Procedure § 1161b requiring that, after a foreclosure is concluded, the purchaser must give tenants or subtenants (under a month-to-month or periodic tenancy), a minimum 90-day notice to quit (increased from a 60-day notice previously) before the foreclosure purchaser can file an unlawful detainer action.  This part of AB 2610 was effective on January 1, 2013.

AB 2610, also amended Civil Code § 2924.8 which, among other things, amended the statutory Notice of Sale to Resident language that must be posted on the foreclosed property and mailed to the resident of the foreclosed property in English and in the five languages set forth in Civil Code § 1632.  The amended Notice of Sale to Resident provisions in Civil Code § 2924.8 takes effect on the later of March 1, 2013 or 60-days following the actual posting of notice on the Department of Consumer Affairs (“DCAs”).  On Monday, February 25, 2013, the DCA posted on its website, the new notices and the new translations which can be downloaded here.

The new Notices of Sale to Residents became effective 60-days following February 25, 2013 and not on March 1, 2013.

Read the New Notice of Foreclosure Sale and Translations