Court Rules Federal “Protecting Tenants in Foreclosure Act” Requires 90 Days before Commencing UD in California

Court Rules Federal “Protecting Tenants in Foreclosure Act” Requires 90 Days before Commencing UD in California

By Daniel Edstrom
DTC Systems, Inc.

Thank you to Charles Cox for this one, who sent out this information posted by April Charney:

The Court found that the bank must serve bona fide tenants a 90-day notice under the PTFA, even if the eviction is based on non-payment of rent (which required only a 3-day notice under state law).  The ruling follows on the heels of a Massachusetts decision with similar reasoning, FNMA v. Vidal.

compliments of :

National Housing Law Project
703 Market Street Suite 2000
San Francisco, CA 94103
415-546-7000 x. 3112
415-546-7007 (fax)

 

Download ruling here:  http://dtc-systems.net/wp-content/uploads/2012/03/stanko.order_.030711.pdf

Author: dmedstrom

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