BONA FIDE TENANT

[DeenaCA]

While the PTFA expired in December 2014, Congress reinstated it in May 2018. Here's an informative article.

During the PTFA's original run, foreclosing lenders sometimes (often) stonewalled tenant attempts to pay rent and then attempted to evict for nonpayment. This one of the top violations of the PTFA, as discussed in this 2012 article.

Here is a city-by-city listing of landlord-tenant legal aid and pro bono services in TX.

 

[reenzz]

When was your lease signed? How long was the lease? If the lease was more tha 1 year...was it notarized? When you stopped paying rent, did you place the rent owed in an escrow account?

 

[HRZ]

IT may be important to show/prove you attempted to pay rent multiple times but "owner" frustrated or obfuscated your attempts to do so or outright failed to provide where to send rents . Credibility counts .

 

[Dandy Don]

What is the name of your state? Texas
Hello the house I am living in was sold at a foreclosure sale in November 2017 but I was already in a lease that doesn't expire until January 2019. The Frank Dodd protecting tenants in. Foreclosure Act should protect me but it didn't the server me eviction papers and I lost but I appealed. I go to court on Monday 10-15-18 . My question is how can they still evict me if I was in lease? Thank you

You probably need to start looking for a different place to live, as you will not win this case. Why would you expect the new owner of a home to honor a lease agreement made with someone else? The new owner may want to sell the home to someone one else or may want to move in themselves. Be glad if the court allows you to stay there for about 30 more days.

 

[DeenaCA]

Why would you expect the new owner of a home to honor a lease agreement made with someone else?

Home buyers are usually bound by the terms of existing lease agreements. There's also a federal law protecting tenants in foreclosed properties, as cited in post #16. We don't know whether the OP is protected under the law from the information given.

 

[justalayman]

US BANK in its individual capacity but solely as Trustee for NRZ PASS THROUGH TRUST VIII
YES I PAID RENT UNTIL THE DAY I NEEDED TO. Then I found out that NRZ PASS THROUGH BOUGHT IT SO I TRIED AND TRIED FOR MONTHS TO FIND OUT WHERE I NEEDED TO START SENDING MY RENT NOBODY I CALLED WOULD TELL ME I KEPT GETTING THE RUN AROUND. THEN 8 MONTHS LATER I RECEIVE THE EVICTION LETTER . OH WAIT BACK IN December I did receive from NRZ attorney a 3 day vacate notice in fact I received it on December 24 Christmas eve but in the paperwork it instructed me to call if I thought I was a bona fide tenant and had a lease so I immediately did. I talked to someone I have there name and she asked me to fax my lease and they would have somebody look at it and get back to me. So I waited and before you know it it was end of January so I contacted again left message with the same girl didn't get a phone call back right away so I called again she said yes they did receive my lease and they would still get back to me that with the holidays and stuff and might be a little bit longer I have my fax confirmation and her name. So I left it in your court and thought I guess somebody looked at it and figured yes I am a bunny flight attendant tenant but then all of a sudden in July I received these papers telling me they're suing me for eviction

So, when the foreclosure took place in November 2017 you had already signed a lease lasting more than one year? That is unusual and I suspect one reason the buyer doesn’t believe it to be a valid lease. When did you sign the lease and what period of time does it cover? When was the foreclosure action filed (I’ve never seen a state where a notice want sent to the occupant or the address so I suspect you did recieve notice of when the action was filed)

When you attended court for the eviction, did you present your lease AND have money in hand to pay any delinquent rent payments on the spot, and offer to do so?


I Love how auto correct changed your bonifide tenant to bunny flight attendant tenant

 

[justalayman]

You probably need to start looking for a different place to live, as you will not win this case. Why would you expect the new owner of a home to honor a lease agreement made with someone else? The new owner may want to sell the home to someone one else or may want to move in themselves. Be glad if the court allows you to stay there for about 30 more days.

Because the law requires it if it is a valid lease with a bonifide tenant.

I haven’t checked but the original inception of the law did allow eviction if the new owner was going to reside in the property. Otherwise the lease would have to be honored. I suspect the newest version is similar if not identical.

 

[justalayman]

While the PTFA expired in December 2014, Congress reinstated it in May 2018. Here's an informative article.

During the PTFA's original run, foreclosing lenders sometimes (often) stonewalled tenant attempts to pay rent and then attempted to evict for nonpayment. This one of the top violations of the PTFA, as discussed in this 2012 article.

Here is a city-by-city listing of landlord-tenant legal aid and pro bono services in TX.

A question to you



Since the original foreclosure took place prior to the new law and notice to vacate was received before May 2018, does the new law even cover the op? Was there a retroactive imposition of the law?

 

[DeenaCA]

The PTFA protects renters whose tenancies were in effect as of the date of transfer of title at foreclosure. Here is an article about the reinstatement.

Congress did not write a new version of the law; they simply repealed the sunset provision of the PTFA. Here's the new law. Here's the text of the original law.

In my opinion the original post did not contain enough information to determine whether the OP's lease could be considered an "arms-length transaction." That's one of the requirements for protection under PTFA.

 

[justalayman]

The PTFA protects renters whose tenancies were in effect as of the date of transfer of title at foreclosure. Here is an article about the reinstatement.

Congress did not write a new version of the law; they simply repealed the sunset provision of the PTFA. Here's the new law. Here's the text of the original law.

In my opinion the original post did not contain enough information to determine whether the OP's lease could be considered an "arms-length transaction." That's one of the requirements for protection under PTFA.

I know I’m being lazy but


Do you believe the law would apply due to the timeframe involved? The original rendition expired. The new iteration wasn’t in force when the foreclosure took place or when the initial notice to quit was but was in force at the time of the original eviction hearing. It would seem unfair to enforce such a law upon a purchaser of the property and I believe it couldn’t be as it would be an ex post facto application of the law. It sucks seeing anybody willingly paying the rent to be evicted but it’s also unfair to hoist obligations onto a purchaser that has no idea of the possibility at the time they purchased the property.


And I agree with the lack of info regarding the validity of the lease. So,far my questions that would help in that have gone unanswered but in the end I don’t think it reslly matters as I don’t think the law allowing them to live out their lease applies.

 

[Zigner]

Ahem:

You needed to continue paying your rent during the entire time you lived (or are living) there. You failed to do so, which is why you were evicted. The PTFA won't provide protection in your case.

 

[justalayman]

Ahem:

But

If the tenant was not informed of where to pay, it could provide a viable defense as long as they had money in hand when they walked into the courtroom to pay all delinquent rent.

 

[Zigner]

But

If the tenant was not informed of where to pay, it could provide a viable defense as long as they had money in hand when they walked into the courtroom to pay all delinquent rent.

Yes, but that's not what happened.

 

[justalayman]

Yes, but that's not what happened.

Then I found out that NRZ PASS THROUGH BOUGHT IT SO I TRIED AND TRIED FOR MONTHS TO FIND OUT WHERE I NEEDED TO START SENDING MY RENT NOBODY I CALLED WOULD TELL ME I KEPT GETTING THE RUN AROUND. THEN 8 MONTHS LATER I RECEIVE THE EVICTION LETTER . OH WAIT BACK IN December I did receive from NRZ attorney a 3 day vacate notice in fact I received it on December 24 Christmas eve but in the paperwork it instructed me to call if I thought I was a bona fide tenant and had a lease so I immediately did. I talked to someone I have there name and she asked me to fax my lease and they

Short of having the money on hand to pay the delinquency (it wasn’t stated one way or the other whether he had money in hand or not), that does appesr to be what happened.


But I still don’t thing the protection act would apply so it’s a moot point.

 

[Zigner]

Short of having the money on hand to pay the delinquency (it wasn’t stated one way or the other whether he had money in hand or not), that does appesr to be what happened.

I'd bet that if the OP had offered to immediately pay all the rent that he had held on to, he wouldn't have been evicted.