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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renters who don't have the resources to relocate or even to do so very quickly. [¶] Under
this amendment, tenants in any federally related mortgage loan or any dwelling or
residential real property with a lease have a right to remain in the unit until the end of the
existing lease. If a new purchaser intends to use the property as a primary residence, then
the lease may be terminated, but the tenant has to receive 90 days' notice to vacate. [¶] So
what we believe is that this provides an appropriate level of protection. It doesn't take
away the right of someone who takes over the home in foreclosure to be able to then
transition that property or it decides if that person is going to keep the property as a rental
property, the person who already has a legitimate lease has a right to be able to stay."
(155 Cong. Rec. S5110-5111 (May 5, 2009).) Senator Kerry declared that "[a] landlord
should not be allowed to come in, change the locks, and force out tenants who were there
completely legitimately, with an expectation that they were coming home to their same
old home." (155 Cong. Rec. S5111 (May 5, 2009).) He explained: "Furthermore, [it]
states specifically that none of the provisions here would affect any State and local law
that provides a longer time period or other additional protections to renters. So there is
nothing here that reduces the protection renters get." (Ibid.)
Senator Kerry gave examples of tenants returning home to find locks changed,
utilities turned off, or possessions put out on the street. (Ibid.) He stated: "It is well
documented how foreclosure is already overpowering countless numbers of homeowners
who are unable to pay their mortgages, but foreclosure is also causing a rampage of
sudden evictions of renters. My amendment would stop that rampage and help
unsuspecting renters from falling victim to foreclosure in which they played absolutely
no part." (Ibid.)
Senator Dodd offered his comments on the amendment. Among other things, he
stated that "the measure requires at least 90-days' notice for all renters in federally related
housing, but would honor the full term of any existing lease unless a new owner will

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