There’s a tenant-occupied REO that’s listed on the market…
What happens if the tenant stops paying rent for let’s say 2-3 months and then the house is sold? Will the bank bother pursuing them for the missed payments? Assuming the tenant vacates after the house is sold and doesn’t remain in the property.
When the property sells, what are the options the new homeowner has to remove the tenants?
Thanks.
Hi,
Your going to get yourself in a lot of hot water if you think eviction is an immediate answer for foreclosure tenants!
S.896
To prevent mortgage foreclosures and enhance mortgage credit availability.
(Enrolled as Agreed to or Passed by Both House and Senate)
TITLE VII–PROTECTING TENANTS AT FORECLOSURE ACT
SEC. 701. SHORT TITLE.
This title may be cited as the Protecting Tenants at Foreclosure Act of 2009'. SEC. 702. EFFECT OF FORECLOSURE ON PREEXISTING TENANCY. (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, as of the date of such notice of foreclosure-- (A) 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, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject to the receipt by the tenant of the 90 day notice under paragraph (1); or (B) without a lease or with a lease terminable at will under State law, subject to the receipt by the tenant of the 90 day notice under subsection (1), except that nothing under this section shall affect the requirements for termination of any Federal- or State-subsidized tenancy or of any State or local law that provides longer time periods or other additional protections for tenants. (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 for the property or the unit's rent is reduced or subsidized due to a Federal, State, or local subsidy. (c) Definition- For purposes of this section, the term federally-related mortgage
loan’ has the same meaning as in section 3 of the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2602).
SEC. 703. EFFECT OF FORECLOSURE ON SECTION 8 TENANCIES.
Section 8(o)(7) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(7))
is amended–
(1) by inserting before the semicolon in subparagraph (C) the following:
and in the case of an owner who is an immediate successor in interest pursuant to foreclosure during the term of the lease vacating the property prior to sale shall not constitute other good cause, except that the owner may terminate the tenancy effective on the date of transfer of the unit to the owner if the owner-- (i) will occupy the unit as a primary residence; and
(ii) has provided the tenant a notice to vacate at least 90 days before the effective date of such notice.'; and (2) by inserting at the end of subparagraph (F) the following: In the case
of any foreclosure on any federally-related mortgage loan (as that term is
defined in section 3 of the Real Estate Settlement Procedures Act of 1974
(12 U.S.C. 2602)) or on any residential real property in which a recipient
of assistance under this subsection resides, the immediate successor in
interest in such property pursuant to the foreclosure shall assume such
interest subject to the lease between the prior owner and the tenant and to
the housing assistance payments contract between the prior owner and the
public housing agency for the occupied unit, except that this provision and
the provisions related to foreclosure in subparagraph (C) shall not shall not
affect any State or local law that provides longer time periods or other
additional protections for tenants.'.
SEC. 704. SUNSET.
This title, and any amendments made by this title are repealed, and the
requirements under this title shall terminate, on December 31, 2012
GR