1) Federal Law Protects Renters During Foreclosure
(NAPS)—There is good news
for renters. A new federal law may
provide them with more security
and peace of mind when their
landlords fail to pay their
mortgage.
As the number of foreclosures
has increased across the country,
some renters in good standing
have received a nasty surprise—
immediate eviction—when the
houses, apartments or condos they
rented went into foreclosure.
Fortunately, a new federal law
helps protect the rights of tenants
in properties facing foreclosure,
say experts at the Office of the
Comptroller of the Currency
(OCC). The Protecting Tenants at
Foreclosure Act of 2009 estab­
lishes national standards to pro­
vide renters sufficient notice when
foreclosure happens.
The new national standard pro­
vides uniform protection to renters
who are vulnerable to sudden evic­
tion. The new law states:
•In all cases, renters will get
at least a 90-day notice prior to
eviction.
•Renters can stay until their
lease runs out except when the
new owner will occupy the home
as a primary residence, when
renters have no lease or when
renters have only a month-to­
month lease. Even for these three
exceptions, the 90-day notice still
applies.
The new law applies only to a
“bona fide” lease or tenancy. Bona
fide means:
•The tenant is not the landlord
or a child, spouse or parent of the
former owner.
•The lease or tenancy is the
product of an “arm’s length trans­
action” with no conflict of interest.
Experts advise that paying a
below-market rent can weaken a
renter’s legal standing during a
foreclosure.
•The rent is not substantially
less than the fair market price.
•The rent is sharply reduced
because of a government subsidy
(tenants in Section 8 subsidized
housing have separate protections
under this law).
OCC experts advise renters to
always be aware of their rights, and
protect these rights by making sure
they stay in good standing with
regard to their rental property.
Some tips on how to prove you
are in good standing include:
•Sign a written lease.
•Pay your rent on time and in
full.
•Use checks rather than cash
to provide a record of payment.
•Pay your rent at the market
rate. Paying a lower rent to a
friend or family member will cut
your costs, but may weaken your
legal standing during a foreclo­
sure or legal dispute.
•With all legal matters, the
OCC encourages you to consult a
lawyer.
To learn more about foreclo­
sures and banks in general, go to
www.HelpWithMyBank.gov.
There is good news for renters.
///Federal Law Protects Renters
A new federal law helps pro­
tect the rights of tenants in During Foreclosure
properties facing foreclosure, say
experts at the Office of the
Comptroller of the Currency
(OCC). It establishes national
standards to provide renters suf­
ficient notice when foreclosure
happens. To learn more, go to
HelpWithMyBank.gov.
Did You Know?