Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.
In Washington, a Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust serves as a legal recourse for a purchaser who has acquired real property through a foreclosure sale. This legal action allows the purchaser to seek remedies against the current possessor of the property who refuses to relinquish possession or unlawfully obstructs the new owner. Key elements of a Washington Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust include: 1. Foreclosure Sale Details: The complaint should begin with a clear description of the foreclosure sale, including the date, location, and parties involved. It should also specify that the purchaser succeeded to the rights of the foreclosing party upon obtaining the property. 2. Identification of Possessor: The complaint/petition should identify the current possessor of the property, who is in unlawful possession. This could be the former homeowner, a tenant, or any third party who refuses to vacate the premises. 3. Alleged Unlawful Possession: The pleading should outline the actions or behaviors that constitute the unlawful possession by the identified party. This could include refusal to vacate the property, denying the purchaser's right to access, changing locks, or any other interference preventing the new owner from taking possession of their property. 4. Eviction and Restitution: The purchaser must request eviction or restitution of the property in accordance with Washington statutes. This could involve seeking a court order to compel the possessor to vacate the premises or pay damages for their continued occupancy. 5. Damages and Relief Sought: The complaint/petition should detail any damages incurred by the purchaser due to the unlawful possession, such as lost rental income, legal costs, or property damage caused by the possessor. It should also state the specific relief sought, whether it be immediate eviction, monetary compensation, or any other appropriate remedy. Types of Washington Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust may include: 1. Complaint for Unlawful Detained: This type of complaint is used when a tenant remains in the property after the foreclosure sale, refusing to vacate despite the change in ownership. 2. Complaint for Enactment: This type of petition is filed against any occupant of the property, not just tenants, who wrongfully holds possession after the foreclosure sale. 3. Complaint for Damages: In situations where the purchaser seeks financial compensation for damages caused by the possessor during their unlawful occupation, a separate complaint for damages may be included or filed independently. In summary, a Washington Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust is a legal instrument allowing purchasers to assert their ownership rights and seek remedies against individuals or entities unlawfully possessing their property.
