The Court in Dr. Leevil, LLC v. Westlake Health Care Center recently found that a purchaser at a foreclosure sale is not required to “perfect title” before serving a 3 Day Notice to Quit. There, the Tenant argued that Code of Civil Procedure Section 1161a(b)(3) requires that a new owner record title after a foreclosure sale. Instead, the Court found that title only be perfected, or recorded, when and if any complaint is actually filed. The Court reasoned that the unlawful detainer does not actually commence until the complaint is filed — not when the 3 Day Notice is served.

Section 1161a(b)(3) authorizes a new owner who purchases a property at a foreclosure sale pursuant to Civil Code Section 2924 to serve any occupants and tenants a 3 Day Notice to Quit.