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... ↗

Full Text

1,730 chars

14
occupy the home." (155 Cong. Rec. S5115 (May 5, 2009).) He explained: "What
Senator Kerry is saying here, at least for tenants who are in good standing on their
properties, they should not be affected because the property ended up in foreclosure
through whatever rationale that may have happened to the landlord. It seems to me,
putting people out on the street is not what we ought to be doing at a time such as this."
(Ibid.)
On May 6, 2009, during further debate, Senator Kerry argued: "[W]e have taken a
lot of effort to try to help troubled borrowers in communities that have foreclosed
properties. Here is the problem that exists. If you are a renter and living in a property
that has been foreclosed on, you have nothing to do with the foreclosure, you are paying
rent, you have a lease, but a lot of these people are getting kicked out of their apartments,
out of their homes. [¶] What we want to do is provide them with a provision where they
will have 90 days--if the people who foreclosed are going to use that residence as a
primary residence. If the residence is going to continue to be a multiple-party residence
where they have a number of people renting and they will continue to use it as such, we
want to leave those leases in effect until the end of the lease. We are protecting
legitimate, low- to moderate-income folks in America who do not get protections
otherwise from being just booted out on the street, which is literally what has happened in
the absence of this protection." (155 Cong. Rec. S5174 (May 6, 2009).)
The legislative history of the enactment of PTFA strengthens the case that its
section 702 was intended to cause bona fide leases for a term to survive foreclosure.2

Other Sections in This Document (81)

Full Text