Protecting Tenants at Foreclosure Act of 2009 (Public Law 111-22)
Codified Under The Helping Families Save Their Homes Act 2009
Leases Survive a Foreclosure meaning that tenants can't be evicted
New Owner Must Comply with Existing Lease
Unless new owner intends to occupy the home (90 days notice)
Month-to-month tenants (Termination with 90 days notice)
Landlord's Breach of the Lease
Landlord's Breach of the Lease Agreement and Tenant Rights
Tenant Can Sue Landlord for Failure to Provide Leasehold Free of Impediment
Notice of Material Non-Compliance Can Be Served Upon Landlord
Tenant as Foreclosure Defendant
Tenant as Foreclosure Defendant
Lender has to Name All Parties in Interest/Named Defendants "Unknown Tenants"
Process Server Confirms Name and Amends Case Style to Add Tenant
Foreclosure Judgment Includes Tenant's Name
Can Property Be Leased While In Foreclosure
Leasing of Property While Foreclosure Pending
Landlord Technically Still Owns Title to Property
Forbidding Leasing Would Impair Landlord's Contract Rights
Will Property be Available for Entire Lease Term
Lender Honoring Lease
Even Before Tenants at Foreclosure Act Lenders Can Honor Lease
Tenant Pays Lender Rent, Lender Gets Cash Flow
Fannie Mae and Freddie Mac have Accepted Rent from Tenants
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