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Tenants Rights in Foreclosure
by: Staff FALDP

Jacqueline,
The Protecting Tenants in Foreclosure Act of 2009 was passed specifically to protect tenants who occupy a property that is in foreclosure.

The protections of this law apply to tenants under a “bona fide” lease or tenancy. A
lease or tenancy is “bona fide” only if:

(1) The mortgagor or a child, spouse, or parent of the mortgagor under
the contract is not the tenant;

(2) The lease or tenancy was the product of an arm’s-length transaction;
and

(3) The lease or tenancy requires the receipt of rent that is not
substantially less than fair market rent or the rent is reduced or
subsidized due to a federal, state, or local subsidy.

If you do not have a lease that was signed prior to the commencement of foreclosure, you still are entitled to 90 days to move out.

Regarding the foreclosure complaint itself. First, you may want to consult with an attorney about your specific rights. In general, you should answer the complaint, file it to the court record, and attach a copy of your lease or rental agreement if you have one.

For more information about the Protecting Tenants in Foreclosure Act of 2009 - visit:

http://www.occ.gov/publications/publications-by-type/comptrollers-handbook/ptfa.pdf

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