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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assistance payments contract . . . ." (42 U.S.C. § 1437f, subd. (o)(7)(F), italics added.)
Congress could have also said, as did the California Legislature, that "all rights and
obligations under the lease shall survive foreclosure" (§ 1161b, subd. (b)).
       "To the extent a statutory text is susceptible of more than one reasonable
interpretation, we will consider ' "a variety of extrinsic aids, including the ostensible
objects to be achieved, the evils to be remedied, the legislative history, public policy,
contemporaneous administrative construction, and the statutory scheme of which the
statute is a part." ' [Citation.]" (Elsner v. Uveges (2004) 34 Cal.4th 915, 929, fn.
omitted.) Accordingly, we turn to extrinsic aids to determine whether or not Congress
intended bona fide leases for a term to survive foreclosure and bind successors in interest.
3. Legislative History
       On May 1, 2009, Senator John Kerry submitted an amendment (SA 1036) to add
the PTFA, as proposed, to another amendment (SA 1018) to a bill (S. 896), which was
aimed at preventing mortgage foreclosures and enhancing mortgage credit. (155 Cong.
Rec. S5029 (May 1, 2009).)
       On May 5, 2009, Senator Kerry called up the amendment for consideration. (155
Cong. Rec. S5110 (May 5, 2009.) The senator stated that he was "offering this
amendment to address the needs of renters in properties that have been foreclosed."
(Ibid.) He argued: "Congress has already taken extraordinary measures to help troubled
borrowers in communities where they have abandoned foreclosed properties, but
Congress has done very little to help renters who have been paying their rent regularly on
time but, unfortunately, they have landlords who are losing their property to foreclosure.
So these renters are absolutely blameless victims in the foreclosure catastrophe that has
hit the country. . . . [¶] These renters often have absolutely no idea that their home is
about to be foreclosed. Depending on the State they live in, they may be evicted with
absolutely no notice. Obviously, this could be particularly difficult for low-income

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