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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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—[¶] (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."
       Section 702, subdivision (b), of the PTFA, provides that 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."
       Section 702, subdivision (c), of the PTFA, states that as used by 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)." As amended in 2010,
section 702, subdivision (c), also provides: "For purposes of this section, the date of a
notice of foreclosure shall be deemed to be the date on which complete title to a property
is transferred to a successor entity or person as the result of an order of a court or
pursuant to provisions in a mortgage, deed of trust, or security deed." (Pub.L. 111-203,
Title XIV, § 1484, July 21, 2010, 124 Stat. 2204.)

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