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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
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Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I live in AZ in a foreclosed house. I had a lease that expired

Customer Question

I live in AZ in a foreclosed house. I had a lease that expired 6/2012, the previous owner fired the property manager in 4/2012 then stopped all contact with me. 9/2012 someone purchased the house but did not notify me until 4/2013 when they demanded rent from 10/2012 to 4/2013. There is no written contract/lease am I required or obligated to pay this rent? Per the Helping Families Save Their Homes Act it requires the new owner to give 90 days notice - am I required to pay rent during this time? The new owners have also filed an eviction notice against me.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.
Hello,

The actual law is codified at 12 U.S.C. 5220 notes. Regardless, if you have a "bona fide lease," which is the requirement of the law, then you would be liable to the new owner for rent from the date that the owner acquires title.

Consequently, in order to be entitled to 90 days notice, you would have to pay fair market rent to the new owner beginning in Sept 2012. Otherwise, the owner could bring an immediate forcible detainer action to evict you from the premises. At this point, given the rent that you have apparently saved, you may be better off moving out now, than fighting to stay for 90 days, because the court would order you to pay rent from Sept. 2012.

You may want to offer the new owner a settlement, where you agree to leave in the next two weeks, in exchange for a release from any liability for unpaid rent.

Please let me know if I can clarify or further assist.
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 34096
Experience: Attorney and Real Estate broker -- Retired (mostly)
socrateaser and 9 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Doesn't the new owner have a due diligence to notify me they purchased the property? They purchased Sept. 2012, did not notify me until April 2013 (7 months later) As far as I knew the house was still owned by the previous owner who did not require me to pay rent.

Expert:  socrateaser replied 1 year ago.
Here's the deal:

The law has had very little interpretation. Throughout the USA, there are only about 25 appellate cases (yes, I've researched the issue thoroughly), which is practically nothing, considering the tens of thousands of persons who have been subject to the law since its enactment in May 2009.

One of the appellate courts has stated that the tenants are "presumed" to be bona fide, and it's up to the landlord to prove that they are not. Another court has stated that at the time that the foreclosure occurs, any occupant who does not have a fixed-term lease, becomes an "at will" tenant subject to 90 day notice. An at-will tenant could arguably be said to owe no rent until the landlord demands it from the tenant.

The problem is that none of these cases are from Arizona, so while you can certainly argue that the owner bears the burden of proving that you are not bona fide, and that you're not obligated to pay rent until the owner demands it, it will be entirely up to the judge to decide. And, given that there is no Arizona appellate case law to guide the judge, he/she can do just about whatever he/she wants to do.

So, when you ask if the owner has a duty to notify you that you owe rent, I could say, "yes" or "no," and I would be just guessing at the answer, because no one knows!

Consequently, my best suggestion would be that you try to work out a deal in writing with the new owner, because that way you and the owner will each know exactly what your respective rights and duties are. Otherwise, no matter what I tell you about how things are likely to go in court, my answer (and in fact any attorney's answer, no matter how authoritative it may seem on the surface) is just a guess.

Hope this helps.
Customer: replied 1 year ago.

Can you please tell me what these appellate cases are and how to find further information on them?

Expert:  socrateaser replied 1 year ago.
The unreported cases are available from either www.westlaw.com or www.lexisnexis.com. In order to use either of these proprietary legal research data services, you must either subscribe (at substantial cost), or visit a university or public law library (assuming that the library maintains a subscription to the service -- most do, frequently to both services).

I use westlaw, at the moment (whichever service gives me the better deal when my subscription is up for renewal, gets my business for the next subscription period).

If you would like me to provide you with the list that is returned from my search, then please provide a positive rating for my answer to your original question, and I will be happy to provide the list (n.b., it's not as easy as just a "cut and paste" -- I have to reformat the list, because westlaw's format doesn't cut and paste into the justanswer.com text editor correctly).

Thanks in advance for your kind attention.
Customer: replied 1 year ago.

Wow, so up until you said "If you would like me to provide you with the list that is returned from my search, then please provide a positive rating for my answer to your original question, and I will be happy to provide the list (n.b., it's not as easy as just a "cut and paste" --" I was all over the positive rating, but frankly I am disturbed by this remark. I paid for a service and should get that service without you forcing a positive review down my throat. I would like that list, but I would also like to provide my feedback based on our interaction and the information you provide, not being forced to rate you in order to get something.


 


 

Expert:  socrateaser replied 1 year ago.
I don't see my request as abusive in the least.

You offerred to pay a certain price for an answer to your questions, and I have, in good faith, answered each and every one of your questions. Unless and until you provide a positive rating, I receive nothing for my efforts -- in effect, my answer to you is a gift, because I have no assurance that you will ever provide a rating.

You are now requesting something very different: a statistical list of every unpublished appellate case on the subject matter for each and every U.S. jurisdiction. This is not a question -- it's a request for me to engage in labor on your behalf, i.e., an employment contract.

During the 5 years that I have answered questions in this forum, I have never abandoned a single customer after they have paid for their answer. However, very large minority of customers have (and routinely continue to) abandon me -- by obtaining an answer to their question, and then disappearing without paying.

It is your absolute right under the website terms of service to decline to pay for an answer, if you are not satisfied. It is my absolute right to not answer a question, if I believe I am being unreasonably exploited.

The choice is yours. You can view my request as an attempt to "force a positive rating down [your] throat," or you can view it as simply a request that you provide a demonstration of your good faith for what I have already provided.

If you do the former, then, I won't provide the list, you will probably give me a negative rating, and we will go our separate ways -- neither of us satisfied with the interaction.

If you do the latter, then I get a positive rating (and I get paid), and you get your list.

Seems to me that the choice is self evident and not the least abusive or overreaching.

But again, the choice is yours. You can decide you don't wish to work with me any longer, and the system will terminate our conversation, and someone else may jump in and assist you further.

However, I will be quite surprised if anyone else at this website, has the necessary access to either Westlaw or Lexisnexis, so that they can provide you with the case list. As far as I'm aware, I'm the only contributor here who is willing to pay the sizable subscription fees for either of these legal data services.

I hope you understand and agree with my position. Either way, I wish you the best.
Customer: replied 1 year ago.

I didn't ask for every case just a few to research and perhaps use when I go to court. Telling someone if you don't, then I won't is not positive. Sometimes it's not what you say, but how you say it and that came off as very blackmailish. I gave you your rating. I thank you for your time.

Expert:  socrateaser replied 1 year ago.

You asked: Can you please tell me what these appellate cases are and how to find further information on them?

Your request read as if you were asking for every case. Thus, my initial response may have appeared overreaching. Now you ask for "just a few to research." If that was your original intent, then we certainly do have a "failure to communicate." -- Strother Martin, Cool Hand Luke (1967). Anyway, the list follows (with a short summary of each case) in two separate posts. It won't fit into one answer.

 

I apologize for any formatting issues. I did try to clean up the list before posting. It simply doesn't transfer very easily.

Hope this helps.

1. Bank of America, N.A. v. Owens

City Court, City of Rochester, New York. May 05, 2010 28 Misc.3d 328

REAL PROPERTY - Landlord and Tenant. Successor property owner failed to provide tenants with requisite 90 days notice to vacate.

...Requirement by bank that assumed ownership of rental property following a foreclosure action that tenants fill out and submit questionnaires to help bank determine whether they were bona fide tenants as a prerequisite to tenants' receipt of 90 day notice to vacate required by the Protecting Tenants at Foreclosure Act (PTFA) imposed an obligation on tenants that was neither required nor authorized by the PTFA; bank's five day demand for information improperly shifted burden of showing tenant's...

...The Protecting Tenants at Foreclosure Act (PTFA) does not require bona fide tenants to prove their status before they are entitled to receive 90 days advance notice to vacate from a successor property owner; rather, the successor owner carries the burden of demonstrating that a resident of a foreclosed property is not a bona fide tenant in order to permit the successor owner to short-circuit the PTFA's 90 days notice requirement.  Protecting...

2. Bank of New York Mellon v. De Meo

Court of Appeals of Arizona, Division 1, Department B. May 03, 2011 227 Ariz. 192

REAL PROPERTY - Landlord and Tenant. Protecting Tenants at Foreclosure Act requires effective date in notice to vacate to be not less than 90 days after service.

...Under the federal Protecting Tenants at Foreclosure Act (PTFA) statute, when notice to vacate is served on tenant by a successor property owner, the effective date provided in the notice must be not less than 90 days after service of notice upon tenant.  Protecting Tenants at Foreclosure Act of 2009, § 702(a)(1), (a)(2)(B), 12 U.S.C.A. § 5220 note....

...  It provides in pertinent part, (a) In General–In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after the date of enactment of this title, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to— (1) the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice;  and (2) the rights of any bona fide...

3. RMS Residential Properties, LLC v. Naaze

District Court, Nassau County, New York., First District. June 16, 2010 28 Misc.3d 843

BUSINESS ORGANIZATIONS - Limited Liability Companies. Mortgagee lacked Certificate of Authority to do business, as required to bring post-foreclosure holdover suit.

...Occupant of premises subject to foreclosure, pursuant to lease from mortgagor, was not a “bona fide tenant” within the meaning of the Federal Protecting Tenants at Foreclosure Act, for purposes of mortgagee's post-foreclosure holdover proceeding, where occupant paid only $900 per month in rent, a 42 percent discount from occupant's claim as to the fair market rent.  Protecting Tenants...

...The Federal Protecting Tenants at Foreclosure Act of 2009 (Pub. L. 111–22, title VII, § 702[a], 123 U.S. Stat. 1660–1661) defines a bona fide tenant as follows: (b) Bona Fide Lease or Tenancy–For purposes of this section, a lease or tenancy shall be considered bona fide only if (1) the mortgagor or the child, spouse, or parent of the mortgagor under the contract is not the tenant...

4. Harper v. JP Morgan Chase Bank Nat. Ass'n

Court of Appeals of Georgia. August 05, 2010 305 Ga.App. 536

REAL PROPERTY - Landlord and Tenant. Evidence supported finding that lease held by mortgagor's wife and her sister was not a bona fide lease under Protecting Tenants at Foreclosure Act...

...Mortgagor's wife who resided on foreclosed property was not a “bona fide tenant” within meaning of Protecting Tenants at Foreclosure Act of 2009 and, thus, was not entitled to protection of the Act in mortgagee bank's action for writ of possession after foreclosure; Act provided that a “bona fide tenant” could not include a spouse of the mortgagor.  Protecting...

...Even if trial court had ruled at interim hearing that lease held by residents was valid as a “bona fide lease” protected by Protecting Tenants at Foreclosure Act of 2009, in mortgagee bank's action seeking writ of possession against residents after foreclosure, trial court was not bound by that ruling at final trial on the merits, and was free to rule that lease was not bona fide based on evidence presented.  Protecting Tenants...

5. U.S. Bank Nat. Ass'n v. Hurtado

District Court, Nassau County, New York., First District. April 12, 2010 27 Misc.3d 933

REAL PROPERTY - Landlord and Tenant. Alleged tenants failed to prove that they were bona fide tenants entitled to occupy foreclosed property.

...[1] In support of their motion Respondent–Movants claim that they are bona fide tenants and therefore are entitled to occupy the premises for the remainder of the lease term according to Title VII–Protecting Tenants at Foreclosure Act [Sec. (a) 2(A) ]....

...Alleged tenants failed to prove that they were bona fide tenants entitled to occupy foreclosed property for remainder of lease term; alleged tenants paid no rent for two years, and defaulted on lease by failing to complete agreed upon repairs in one year period as required by lease rider....

6. Collado v. Boklari

District Court, Suffolk County, New York., Third District. November 09, 2009 27 Misc.3d 161

REAL PROPERTY - Landlord and Tenant. Tenant was not covered by federal statute regarding foreclosure purchaser's interest in property on petition to dispossess.

... 12 U.S.C. Sec. 5220(a) provides: (a) In general—In the case of any foreclosure on a federally related mortgage loan or on any dwelling or residential real property after the date of enactment of this title [May 20, 2009], any immediate successor interest in such property pursuant to the foreclosure shall assume such interest subject to (1) the provision by such successor in interest of a notice subject to vacate to any bona fide tenant at least 90 days before the effective date of such notice;  and (2) the rights of any bona fide...

...  Simply removing it establishes the language as follows: (a) In general—In the case of any foreclosure on a federally related mortgage loan on any dwelling or residential real property after the date of enactment of this title [May 20, 2009], any immediate successor interest in such property pursuant to the foreclosure shall assume such interest to (1) the provision by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice;  and (2) the rights of any bona fide...

7. GMAC Mortg., LLC v. Taylor

District Court, Suffolk County, New York., Third District. March 01, 2010 27 Misc.3d 550

REAL PROPERTY - Landlord and Tenant. New York State statute covering notice to tenants was not pre-empted by federal statute.

...New York State statute governing notice to tenants provided “additional protection for tenants,” over and above federal statute requiring 90 days notice to quit be given for residential properties upon which a federally related loan was foreclosed, and, thus, was not pre-empted under the terms of the federal statute, as the federal statute's reach was limited solely to residential properties upon which a federal related mortgage loan was foreclosed, and the New York State law applied to all residential properties.  Protecting Tenants...

...4. The rights conferred upon a tenant by subdivision two of this section shall be in addition to any other rights of such tenant, under law, including those rights conferred upon:  (a) any tenant not named in the foreclosure action;  or (b) any tenant whose tenancy is subsidized by the federal government, this state or any political subdivision of this state;  or (c) any tenant whose tenancy is subject to rent control, rent stabilization, or federal statutory schemes....

8. Curtis v. U.S. Bank Nat. Ass'n

Court of Appeals of Maryland. August 20, 2012 427 Md. 526

REAL PROPERTY - Mortgages and Deeds of Trust. Notice to vacate sent to tenant by purchaser of rental property at foreclosure sale was ineffective.

...Purchaser of rental property at foreclosure waived appellate review of its contention, on tenant's petition for writ of certiorari review of grant of its motion for possession, that tenant was not bona fide tenant within scope of federal Protecting Tenants at Foreclosure Act (PTFA), by failing to raise such claim in the trial court.  West's Ann.Md.Code, Real Property, § 7–105.6....

...The federal Protecting Tenants at Foreclosure Act (“PTFA”) is a remedial measure addressed to the situation of a tenant whose landlord faces foreclosure....

9. Joel v. HSBC Bank USA

United States Court of Appeals, Eleventh Circuit. March 31, 2011 420 Fed.Appx. 928

REAL PROPERTY - Landlord and Tenant. Purchaser of foreclosed residential property could evict tenant under Georgia law.

...In relevant part, the Protecting Tenants at Foreclosure Act provides: (a) In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after the date of enactment of this title, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to— (1) the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice;  and...

...Under Georgia statute, residential lease which provided that it “shall commence on February 1, 2009 and continue until February 1, 2014, on a month-to-month tenancy until either party shall terminate this agreement by giving a written notice of intention to terminate at least 30 days prior to the date of termination” was terminable at will, rather than a lease for a fixed term, and thus, pursuant to Tenants at Foreclosure Act (PTFA), bank which purchased residence in foreclosure sale was only required to provide tenant living there with 90 days' notice in order to end lease.  West's Ga.Code Ann. § 44–7–7...

10. Banks v. Eastern Savings Bank

District of Columbia Court of Appeals. December 02, 2010 8 A.3d 1239

REAL PROPERTY - Landlord and Tenant. Strict compliance with service of notice regulation was required in eviction action.

...Residential tenant's alleged violation of pre-foreclosure lease was not a basis for eviction; upon foreclosure of landlord's mortgage on the single-family dwelling, the lease was effectively extinguished and the tenant became a tenant-at-will....

...A mortgage foreclosure sale of property extinguishes any subordinate leases with the mortgagor, and the tenants who remain on the property stand as tenants-at-will in relation to the new owner.  D.C. Official Code, 2001 Ed. § 42–522....

11. Nativi v. Deutsche Bank Nat. Trust Co.

United States District Court, N.D. California, San Jose Division. May 26, 2010 Not Reported in F.Supp.2d

On April 13, 2010, the parties appeared for a hearing on Defendant's motion to dismiss Plaintiffs' first amended complaint, or in the alternative, for a more definite statement. Having...

...The Protecting Tenants at Foreclosure Act of 2009 states that: ․ In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after the date of enactment of this title, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to— (1) the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice; and (2) the rights of any bona...

...“The objective of these new tenant protections is to ensure that tenants receive appropriate notice of foreclosure and are not abruptly displaced.”...

12. Fontaine v. Deutsche Bank Nat. Trust Co.

Court of Appeals of Texas, Dallas. June 15, 2012 372 S.W.3d 257

REAL PROPERTY - Mortgages and Deeds of Trust. Remand was required for determination of whether tenant held bona fide lease at time of foreclosure notice.

...No evidence was presented in trial court as to whether tenant held bona fide lease at time of foreclosure notice, as would trigger protection of tenant under federal Protecting Tenants from Foreclosure Act of 2009 (PTFA), and thus remand was required for such determination, in foreclosure sale purchaser's forcible detainer action against tenant.  Protecting Tenants...

...The Protecting Tenants from Foreclosure Act of 2009 (PTFA) provides two different types of protection to “bona fide tenants” of residential property after a foreclosure sale....

13. Hyde v. Brandler

Municipal Court of Appeals for the District of Columbia. November 22, 1955 118 A.2d 398

Action by landlord against tenant for rents allegedly due. The Municipal Court, District of Columbia, Civil Division, entered judgment for landlord, and tenant appealed. The Municipal Court...

...Where new owner, following foreclosure sale of leased premises, made demand for August rent, tenant was not faced with constructive eviction, which would excuse tenant's nonpayment to landlord of rent which was payable in advance on date prior to foreclosure sale, in view of facts that leasehold interest antedated deed of trust and that tenant remained in possession without interruption under changed conditions and terms after foreclosure sale as before.  D.C.Code 1951, § 45-822...

...Where, on August 15, holder of landlord's deed of trust caused trustees to foreclose and became new owner, foreclosure sale did not constitute a breach of covenant of quiet enjoyment, and tenant's payment to new owner, on August 28, of rent due and payable on August 1 was at tenant's own risk.  D.C.Code 1951, § 45-822....

14. Hudson City Savings Bank v. Lorenz

District Court, Suffolk County, New York. January 03, 2013 39 Misc.3d 538

REAL PROPERTY - Mortgages and Deeds of Trust. Nail and mail service of a Referee's Deed was sufficient in a summary dispossession proceeding.

...  Contemporaneously with this decision, the legislature enacted RPAPL § 1305, “The Protecting Tenants at Foreclosure Act”, which granted tenants a plethora of rights such as the following: 2....

...Clearly the legislature addressed the Moskowitz Court's public policy concerns about unlawful evictions of bona fide tenants, and did so in a manner that did not call for “personal exhibition” of an original deed....

Supreme Court of Alabama. March 09, 1933 226 Ala. 522

Appeal from Circuit Court, Jefferson County, Bessemer Division; Gardner Goodwyn, Judge. Bill to remove cloud from title by Bloss King against F. C. Sherrod and S. P. King-From a decree for...

...Even after foreclosure, tenant is protected in paying rents to his lessor until he has actual notice of conveyance (Code 1923, § 6849)....

...Even after foreclosure, or other grant of the complete reversion, the tenant is protected in making payment of rents to his lessor until he has notice of such conveyance....

16. Movahedi v. U.S. Bank, N.A.

United States District Court, District of Columbia. March 27, 2012 853 F.Supp.2d 19

REAL PROPERTY - Mortgages and Deeds of Trust. Loan servicer was not required to specify in notice of foreclosure expenses owed in addition to deficiency in loan payments.

... “[A] foreclosure sale of property extinguishes any subordinate leases with the mortgagor and the tenants who remain on the property stand as tenants-at-will in relation to the new owner.”  ...

...Under District of Columbia law, a foreclosure sale of property extinguishes any subordinate leases with the mortgagor, and the tenants who remain on the property stand as tenants-at-will in relation to the new owner....


REMAINDER FOLLOWS IN NEXT ANSWER

Expert:  socrateaser replied 1 year ago.

REMAINDER OF LIST FOLLOWS HERE. SEE PREVIOUS ANSWER FOR FIRST PART OF LIST.

17. Federal Nat. Mortg. Ass'n v. Nunez

Supreme Judicial Court of Massachusetts, Hampden. September 06, 2011 460 Mass. 511

REAL PROPERTY - Landlord and Tenant. Tenant statute prohibited Fannie Mae from evicting without cause a residential tenant in foreclosed property.

... A “Bona fide lease or bona fide tenancy” requires that the tenant not be the mortgagor or an immediate relative of the mortgagor, and that the lease or tenancy result from an arm's-length transaction....

...Foreclosing owner's notice to quit the premises did not transform apartment occupant's tenancy from a tenancy at will into a tenancy at sufferance, so as to remove occupant from protection of provision in Tenant Protections in Foreclosed Properties Act prohibiting no-cause tenant evictions in residential property, where occupant was a tenant as defined under the act at the time of foreclosure.  M.G.L.A. c. 186A, § 2....

18. P.M.K., Inc. v. Folsom Heights Development Co.

Missouri Court of Appeals, Western District. June 04, 1985 692 S.W.2d 395

Purchaser at foreclosure sale brought action against mortgagor of apartment complex to recover security deposits and rent collected by mortgagor after foreclosure sale.   The Circuit...

...Tenants' continued occupancy of apartment complex after foreclosure sale of apartment complex was under a new contractual arrangement, express or implied, with the new owners who purchased apartment complex at foreclosure sale....

...  The continued occupancy of the tenants (if lawful) after the foreclosure was under a new contractual arrangement, express or implied, with the new owners....

19. Havasu Landing, LLC v. Peloquin

Appellate Division, Superior Court, San Bernardino County. December 18, 2012 Not Reported in Cal.Rptr.3d

The appeal arises after the court trial of five consolidated unlawful detainer actions, UDNS100004, UDNS100005, UDNS100006, UDNS100007, and UDNS100008, involving the leases to mobilehomes...

...Section 702, subdivision (a)(2)(A) of Public Law 111–22, provides that “In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after the date of enactment of this title, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to ․ the rights of any bona fide tenant, under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease․...

...) Here, the Second Amendment to the Lease does not require any lease payments and so it is not a bona fide lease under the Protecting Tenants at Foreclosure Act of 2009....

20. Utility Realty Co. v. Dugan

Supreme Court, Appellate Term, New York, First Department. February 10, 1916 93 Misc. 510

Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by the Utility Realty Company against James H. Dugan. Judgment for plaintiff, and defendant appeals. Reversed, and...

...When a lease is terminated by foreclosure of a prior mortgage, and the lessee continues in possession without knowledge of the new owner, his payment of rent to the same agent, who also represented the new owner, does not hold him as a tenant under the original lease. 190...

...There must have been some agreement, either express or implied, on the part of the defendant, to become the new owner's tenant for the balance of the term, and a consent by the new landlord to accept as a tenant under said terms....

21. U.S. Bank Nat. Ass'n v. Gagliardi

Court of Appeals of Arizona, Division 2, Department B. August 27, 2010 Not Reported in P.3d

¶ 1 Appellant Frank Gagliardi and his tenants Justin and Stosh Mills (collectively, “appellants”) appeal from the trial court's judgment finding them guilty of forcible...

...¶ 7 The PTFA defines a bona fide tenant as follows: (b) Bona Fide Lease or Tenancy-For purposes of this section, a lease or tenancy shall be considered bona fide only if- (1) the mortgagor or the child, spouse, or parent of the mortgagor under the contract is not the tenant; (2) the lease or tenancy was the result of an arms-length transaction; and (3) the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent...

...¶ 6 Appellants claim the trial court erred by entering a judgment of forcible detainer against them and in favor of U.S. Bank because Justin and Stosh Mills are bona fide tenants and therefore are entitled to occupy the premises for the remainder of the lease term under the Protecting Tenants at Foreclosure Act of 2009, § 702(a), 12 U.S.C.A. § 5220 note (“PTFA”)....

22. Geo. Benz & Sons v. Willar

Supreme Court of Minnesota. November 27, 1936 198 Minn. 311

Appeal from District Court, Hennepin County; Levi M. Hall, Judge. Action by George Benz & Sons against Carl G. Willar and others. From a judgment for defendants, plaintiff appeals....

...In 35 C.J., § 36, p. 965, it is stated: ‘After foreclosure there must be some agreement either express or implied upon the part of the tenant, to become the tenant of the new owner for the balance of the term, and a consent by the new landlord to accept the tenant under such terms.’...

...At most, the tenant was thereafter a mere tenant at will of the new owner.’...

23. Evans v. J Four Realty, LLC

Supreme Court of New Hampshire. February 13, 2013 62 A.3d 869

REAL PROPERTY - Landlord and Tenant. Purchaser at foreclosure sale was not landlord within meaning of statute governing prohibited acts of landlords.

...Conduct of purchaser and tenant did not evince a mutual consent to enter into new landlord/tenant relationship following previous landlord's loss of property through foreclosure, where tenant never paid rent to the purchaser and was never aware that purchaser owned her apartment, tenant was not aware of the foreclosure until the day she was evicted, purchaser never demanded rent from tenant, and, although purchaser did not attempt to remove tenant...

...Purchaser of property at foreclosure sale was not a landlord within meaning of statute governing prohibited acts by landlords, and therefore its eviction of tenant using self-help did not violate statute, where conduct of purchaser and tenant did not evince their mutual consent to enter into new landlord/tenant relationship following foreclosure, and tenant's tenancy at will, pursuant to an informal agreement with the previous owner, terminated at time of foreclosure.  RSA 540–A:2...

24. Wells Fargo Bank v. Lapeen

United States District Court, N.D. California, Oakland Division. June 06, 2011 Not Reported in F.Supp.2d

Plaintiff Wells Fargo Bank (“Wells Fargo”) brings this motion to remand its unlawful detainer action against pro se Defendants Edmond J. Lapeen and Raymond Branchflower...

...Id. On March 23, 2011, Wells Fargo served a written notice to vacate on Lapeen, which stated, “IF YOU ARE A ‘BONA FIDE TENANT’ under the Protecting Tenants at Foreclosure Act of 2009, you may have the option to begin paying rent to the new landlord and to remain as a tenant until ninety (90) days after service of this Notice, or until the end of a valid lease term, whichever is later.”...

...The PTFA states, in pertinent part: (a) IN GENERAL.-In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after the date of enactment of this title, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to- (1) the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice; and (2) the rights of any bona fide tenant...

25. Kezner v. Landover Corp.

Court of Appeals of Washington, Division 1. August 25, 1997 87 Wash.App. 458

REAL ESTATE - Landlord and Tenant. Interest passing to purchasers at foreclosure included right to unpaid rents.

...All interests in real property subject to mortgage or deed pass to purchaser at foreclosure; accordingly, former owner has no interest in unpaid rent if rent was part of security granted in deed of trust since any interest in unpaid rent is part of bundle of rights passed to new owner upon foreclosure.  West's RCWA 7.28.230, 61.24.050....

...  Accordingly, a former owner has no interest in unpaid rent if rent was part of the security granted in a deed of trust because any interest in unpaid rent is part of the bundle of rights passed to the new owner upon foreclosure....

26. Federal Land Bank of New Orleans v. Wilson

Supreme Court of Alabama. January 14, 1932 224 Ala. 491

Appeal from Circuit Court, Crenshaw County; A. E. Gamble, Judge. Bill for appointment of a receiver by the Federal Land Bank of New Orleans against J. J. Wilson and XXXXX XXXXX. From a...

...Disposal of crops by insolvent owner and tenant leasing subsequent to mortgage, disregarding claims for possession or rent of mortgagee purchasing at foreclosure sale, requires appointment of receiver of crops (Code 1923, §§ 6660, 7472)....

...This statute, it has been said, intends to protect a tenant against double liability for rent....

27. Kenwood v. Dordick

Superior Court of Pennsylvania. March 05, 1932 104 Pa.Super. 12

Appeal from Court of Common Pleas No. 4, Philadelphia County; Thomas D. Finletter, President Judge. Action of replevin by Jacob Kenwood against Matilda Dordick and another. From an adverse...

...On August 5, 1931, the tenant was notified by the “new owner” to pay the rent to her agents, which rent was accrued and owing up to August 1, 1931....

...The new owner caused a distraint for rent to be made and the tenant brought the present suit....

28. Krochta v. Green

City Court, City of Yonkers, New York. October 11, 1983 121 Misc.2d 471

Landlord, who purchased property at foreclosure sale, brought summary proceeding against tenant for nonpayment of rent. The City Court of Yonkers, Robert W. Cacace, City Judge, held that...

...Where tenant was not made party to foreclosure action, her right acquired against mortgagor landlord to offset rent overcharge against rent due after expiration of four-month period following overcharge judgment survived foreclosure sale, and thus, mortgagee, who purchased premises at foreclosure sale, took title subject to tenant's right to offset, and tenant was entitled to assert that right in mortgagee landlord's summary proceeding for nonpayment of rent.  McK.Unconsol.Laws §§ 8621...

...Emergency Tenant Protection Act of 1974 provides tenant with alternative statutory remedies for recovery of rent overcharge.  McK.Unconsol.Laws § 8632, subd. a(1)(e)....

29. Home Loan Services, Inc. v. Moskowitz

Supreme Court, Appellate Term, 2nd, 11th and 13th Judicial Districts. February 14, 2011 31 Misc.3d 37

REAL PROPERTY - Mortgages and Deeds of Trust. Mortgagee's service to mortgagors of notice to quit was insufficient.

...The Civil Court of the City of New York, Kings County, Inez Hoyos, J., denied mortgagors' motion to dismiss....

...5. The property has been sold in foreclosure and either the deed delivered pursuant to such sale, or a copy of such deed, certified as provided in the civil practice law and rules, has been exhibited to him.”...

30. Webb v. Green Tree Servicing, LLC

United States District Court, D. Maryland. December 09, 2011 Not Reported in F.Supp.2d

Sandy N. Webb, plaintiff, brought suit against her mortgage creditor, Green Tree Servicing, LLC (“Green Tree”), defendant, alleging five claims under Maryland law: interference...

...Under both the PT FA and R.P. § 7–105.6, a “bona fide” lease is defined as one where the tenant is not a child, spouse, or parent of the property owner; that was the result of an arm's length transaction; and that requires receipt of rent that is not substantially below a fair market rent for the property....

...As plaintiff points out, so long as the lease was “bona fide,” her tenant's right to possession of the Property pursuant to the lease would not necessarily have been affected by foreclosure of plaintiff's mortgage....

31. Ramos v. U.S. Bank National Association

Court of Appeal, First District, Division 4, California. April 17, 2013 Not Reported in Cal.Rptr.3d

Plaintiffs Anthony and Isabelle Ramos sued U.S. Bank National Association (the Bank), the Endres Law Firm, and David Endres alleging that an unlawful detainer action filed against the...

...1  On January 21, Kelly Trujillo, the Ramoses' attorney, sent an e-mail to Endres stating that the Ramoses were tenants holding under a bona fide lease set to expire in October 2010, that their tenancy was protected under the Protecting Tenants at Foreclosure Act of 2009 (PTFA), and therefore it would be a waste of time and effort to go to trial.2...

...Judgment was entered in favor of the Ramoses, the court stating:  “Court finds that the [Ramoses] are protected under the Protecting Tenants at Foreclosure Act....

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