Tenant Protection in Foreclosures Applies to Deeds in Lieu

Posted By Cliff Tuttle | November 6, 2010

No. 524

The “Protecting Tenants at Foreclosure Act” (PTFA) provides that tenants of foreclosed-upon owners cannot be summarily evicted by the foreclosing lender, but are entitled to the full term of a written lease or a minimum of 90 days after notice to quit.  An exception was created when a purchaser who intends to live in the premises takes over, subject to receipt of a prior 90-day notice by the lender.  In other words, if the lender never gave a 90-day notice to vacate, the tenant retains his right under the statute to continue to occupy the premises to the end of the term of the written lease, or 90 days, whichever is longer.

It is also worth noting that  this statute was amended at Section 1484 of P.L. 111-203, the “Dodd-Frank Wall Street Reform and Consumer Act.” Under the amendment, notice of foreclosure is sufficient to trigger the tenant’s protections under PTFA, even if title is subsequently transferred by a deed in lieu of foreclosure. This means that the Tenant protections apply even though the foreclosure never proceeded beyond the initial notice, despite the fact that the property was voluntarily conveyed by a deed in lieu of foreclosure.  The amendment also extended PTFA to 2014.

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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