Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)

Citation: Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)
Parent Document: Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)
Jurisdiction: California (state)
Effective Date: 2014-01-23
Original Source: https://www.courtlistener.com/opinion/2650742/nativi-v-deutsche-bank-national... ↗

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lessee and his or her right to occupy the premises. The title of the purchaser at a
foreclosure sale of the junior lien is subject to the lessee's contract right to occupy the
premises." (Miller & Starr, Cal. Real Estate (3d ed. 2009) § 11:101, p. 11-307, fns.
omitted; see Civ. Code, §§ 1214 [prior recording of subsequent conveyances], 1215
[defining "conveyance"], 1217 ["An unrecorded instrument is valid as between the parties
thereto and those who have notice thereof"]; 3395 ["Whenever an obligation in respect to
real property would be specifically enforced against a particular person, it may be in like
manner enforced against any other person claiming under him by a title created
subsequently to the obligation, except a purchaser or encumbrancer in good faith and for
value . . . ."]; R-Ranch Markets #2, Inc. v. Old Stone Bank (1993) 16 Cal.App.4th 1323,
1327 [trustee's sale]; Sumitomo Bank v. Davis (1992) 4 Cal.App.4th 1306, 1314 [judicial
foreclosure sale]; Dover, supra, 220 Cal.App.3d at p. 1498.)
       In the absence of other applicable law providing greater protection to tenants at
foreclosure, the purchaser at a foreclosure sale is entitled to recover possession through
an unlawful detainer action. (See Code Civ. Proc., § 1161a, subds. (b)(3), (c).)
2. Enactment and Amendment of Code of Civil Procedure Section 1161b
       Code of Civil Procedure section 1161b (§ 1161b) was enacted in 2008, effective
July 8, 2008, in the wake of the foreclosure crisis. (Stats. 2008, ch. 69, §§ 1, 6 & 10, pp.
175-176, 179.) As enacted, it provided: "Notwithstanding Section 1161a, a tenant or
subtenant in possession of a rental housing unit at the time the property is sold in
foreclosure shall be given 60 days' written notice to quit pursuant to Section 1162 before
the tenant or subtenant may be removed from the property as prescribed in this chapter."
(Stats. 2008, ch. 69, § 6, p. 179 [former § 1161b, subd. (a)], italics added.) The section
did not apply, however, "if any party to the note remains in the property as a tenant,
subtenant, or occupant." (Stats. 2008, ch. 69, § 6, p. 179 [former § 1161b, subd. (b)].)
The enactment of section 1161b was not "intended to affect any local just-cause eviction

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