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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foreclosure of a property in which a voucher recipient resides assumes the interest in the
property subject to the lease and HAP [housing assistance payment] contract in place
before the foreclosure. This provision confirms that the section 8 tenant's lease is, in
effect a bona fide lease and that the HAP contract survives the foreclosure, just as the
lease does." (74 Fed.Reg. 30107-30108 (June 24, 2009).)
       In a September 28, 2009 letter to "FDIC-Supervised Institutions," the Federal
Deposit Insurance Corporation (FDIC) explained that, under the PTFA, "[a]ll tenants
must receive a 90-day notice before being evicted as the result of a foreclosure."3 (FDIC
Financial Institutions Letter, FIL-56-2009, Sept. 28, 2009
<http://www.fdic.gov/news/news/financial/2009/fil09056.html> [as of Aug. 23, 2013].)
The letter stated: "With some exceptions, the law requires that in the event of foreclosure,
existing leases for renters are honored to the end of the term of their lease." (Ibid.) It
further said: "The stated exceptions are for tenants without a lease, tenants with a lease
terminable at will under state law, or where the owner acquiring the property will occupy
it as a primary residence. In these cases, the tenants must receive a minimum of 90 days
notice to vacate the property." (Ibid.) It advised that "FDIC examiners will monitor and
enforce compliance with the requirements of this law in the same manner as other
consumer protection laws and regulations." (Ibid.)
       By notice dated October 28, 2010, HUD provided additional guidance on the
PTFA. (75 Fed.Reg. 66385-66386 (October 28, 2010).) The notice addressed "the
interplay of the PTFA notice requirements with the notice requirements of [the Federal

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