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In Significant Victory for Tenants, California Appellate Court Interprets Protecting Tenants Against Foreclosure Act to Do Just


Business  (tags: abuse, americans, business, consumers, corporate, corruption, debt, dishonesty, economy, finance, ethics, GoodNews, investments, investors, law, money, society, usa )

JL
- 210 days ago - pubcit.typepad.com
Last week in Nativi v. Deutsche Bank, the California Court of Appeal applied the federal Protecting Tenants Against Foreclosure Act of 2009 (PTFA) to revive two renters' state-law claims against the bank that bought the property they were renting.



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Comments

JL A. (275)
Saturday February 1, 2014, 8:42 am
In significant victory for tenants, California appellate court interprets Protecting Tenants Against Foreclosure Act to do just that

Last week in Nativi v. Deutsche Bank, the California Court of Appeal applied the federal Protecting Tenants Against Foreclosure Act of 2009 (PTFA) to revive two renters' state-law claims against the bank that bought the property they were renting.

Rosario Nativi and her son Jose Perez had been living in their home in Sunnyvale, California, for several years under a series of rental agreements, when ownership changed hands because of a foreclosure. Deutsche Bank, the new owner, evicted Rosario and Jose, threw their belongings into the backyard and destroyed them, and refused to let them back into their home (enlisting the police to help keep Rosario and Jose out). Rosario and Jose sued, asserting (among other things) wrongful eviction and related state-law torts. The trial court granted summary judgment to the bank, concluding that the foreclosure sale extinguished the lease with the prior owner, and with it, the rights of Rosario and Jose as tenants.

In last week's decision, the appellate court reversed, holding that the PTFA "causes a bona fide lease for a term to survive foreclosure through the end of the lease term subject to the limited authority of the immediate successor in interest to terminate the lease, with proper notice, upon sale to a purchaser who intends to occupy the unit as a primary residence." As a result, when a bank acquires a property through foreclosure, it does so subject to the terms of the tenants' lease from the prior owner.

Posted by Scott Michelman
 

Barbara K. (88)
Saturday February 1, 2014, 10:48 am
A great win for the people for a change. It should have been like this all along.
 

Kit B. (276)
Saturday February 1, 2014, 11:35 am

This is actually a good moral as well as legal decision. Both parties are required to follow the letter of the law. Now what happens to Rosario Nativi and her son Jose Perez, will they be allowed back? Will their personal possessions be restored? It's a shame and sham that people are forced to be the face of a law suit when the right outcomes was fairly obvious. I'm also wondering how all those people who are not aware of this law.

 

JL A. (275)
Saturday February 1, 2014, 11:43 am
I hope anyone who knows anyone renting concerned about losing due to such proceedings will share this news.
 

Birgit W. (144)
Saturday February 1, 2014, 1:46 pm
Thanks.
 

Arlene C. (126)
Saturday February 1, 2014, 4:04 pm
lu
 

Mary Donnelly (47)
Saturday February 1, 2014, 8:14 pm
Thanks--perhaps the tide is turning.
 

Roger Garin-michaud (61)
Sunday February 2, 2014, 2:10 pm
noted, thanks
 

Helen Porter (40)
Sunday February 16, 2014, 1:28 am
Yep, we're getting many wins.

We may yet win the whole game.

Hope so!
 
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