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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scheduled to sunset on December 31, 2014, generally requires the purchaser of a home at
a foreclosure sale to honor bona fide tenant's lease unless the purchaser intends to occupy
the home as their primary residence. If there is no lease, if the lease is terminable at will
(a month-to-month tenancy), or if the purchaser will occupy the home as their primary
residence, the tenant must be provided with a 90-day notice to vacate (unless a longer
period is required by state or local law). As a result, currently federal law generally
provides greater protection to tenants than state law by providing additional time (90 vs.
60 days) and imposes a requirement that the lease be honored under certain
circumstances. [¶] This bill would make the state law provisions described above
comparable to federal law by providing that a new owner of a foreclosed property must
honor a tenant's lease." (Assembly Floor, Analysis of Assem. Bill No. 2610 (2011-2012
Reg. Sess.) as amended Aug. 20, 2012, pp. 3-4; see Sen. Rules Com., Office of Senate
Floor Analyses, 3d Reading Analysis of Assem. Bill No. 2610 (2011-2012 Reg. Sess.) as
amended Aug. 20, 2012, pp. 2, 4-5.)
B Federal Protecting Tenants at Foreclosure Act of 2009
1. Provisions of the PTFA
The PTFA was enacted as part of the "Helping Families Save Their Homes Act of
2009" enacted in 2009. (Pub.L. 111-22, Div. A, Title VII, May 20, 2009, 123 Stat.
1660.) The PTFA is a very short act, consisting of only four sections. Section 701 of the
PTFA establishes its short title.
Section 702 of the PTFA specifies the protections for bona fide tenants of
foreclosed properties. Section 702, subdivision (a), of the PTFA provides: "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 in interest in such property pursuant to the foreclosure
shall assume such interest subject to -- [¶] (1) the provision, by such successor in interest

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