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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       Appellants asked this court to take judicial notice of the FDIC's September 28,
2009 letter. We granted appellants' request. (Evid. Code, §§ 452, subd. (c), 459; see
Cabral v. Ralphs Grocery Co. (2011) 51 Cal.4th 764, 776, fn. 5 [Supreme Court
considered CalTrans manual as background to its determination of the law and granted
request for judicial notice of it even though the request was unnecessary]; see also
(Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 46, fn. 9 ["A request
for judicial notice of published material is unnecessary"].)
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Housing Administration's] occupied conveyance regulations." (75 Fed.Reg. 66386
(October 28, 2010).) It reiterated HUD's understanding of the PTFA. (75 Fed.Reg.
66385-66386 (October 28, 2010).) It explained that "the date of notice of foreclosure"
had been defined by additional legislation. (75 Fed.Reg. 66386 (October 28, 2010).) It
stated: "To fall under the Act, a bona fide lease must be entered into prior to the date of
the notice of foreclosure, which is defined as 'the date on which complete title to a
property is transferred to a successor entity or person as a result of an order of a court or
pursuant to the provisions in a mortgage, deed of trust, or security deed.' " (Ibid.)
       In March 2012, HUD issued a notice providing "further guidance on the
relationship between FHA [Federal Housing Administration] regulations and protections
for existing tenants under the PTFA." (77 Fed.Reg. 15379-15382 (March 15, 2012).)
HUD again described the PTFA's protections of tenants, including the 90-day notice
requirement and preservation of the term of bona fide leases. (Ibid.) It indicated that the
"requirements of the PTFA apply with respect to properties secured by FHA-insured
mortgages as well as those in the Section 8 program." (77 Fed.Reg. 15379 (March 15,
2012).) As to mortgagee compliance under the PTFA, the notice stated: "Before
completion of foreclosure, the mortgagee must confirm the identity of all occupants,
determine each occupant's possible rights for continued occupancy under the PTFA and
state or local law, and attempt to obtain documentation of existing leases and tenancies."
(77 Fed.Reg. 15380 (March 15, 2012).)
       The U.S. Office of the Comptroller of the Currency (OCC) issued a bulletin, dated
December 14, 2011, to "Chief Executive Officers of All National Banks and Federal
Savings Associations, Department and Division Heads, and All Examining Personnel"
regarding "Guidance on Potential Issues With Foreclosed Residential Properties." (OCC
Bulletin, OCC 2011-49, Dec. 14, 2011 <http://www.occ.gov/news-
issuances/bulletins/2011/bulletin-2011-49.html> [as of Aug. 22, 2013].) In discussing

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