Re: TITLE VII—PROTECTING TENANTS AT FORECLOSURE

Thanks for sharing this. I'm wondering the same thing about the local definition of Notice of Foreclosure, since we don't have such a thing in CA. The CA NOD may very well not qualify as a Notice of Foreclosure. The NOD doesn't actually include notice of any foreclosure action, but rather it's a public notice of default....with threat. :) The Notice of Trustee's Sale is, for sure, a notice of foreclosure. So I am glad for you as well that you had other defenses. I'm not sure I'd want a UD judge ruling on that one. I was in UD court two weeks ago on a quiet title matter....UD judges aren't the ones I want interpreting quiet title either.

I'm interested in your fair market rent argument. This isn't the first time I've heard about tenants/owners submitting leases at the last minute with low rents. It seems to me that this is where former owner/tenants aren't doing a very good job of producing credible fraudulent lease docs. How hard would it be to come with a believable fair market rent to include in the lease? Especially if you were a former owner and hadn't been paying the mtg for months, why not create a credible lease agreement? I mean, if you're reading the federal law and trying to outwit it, why not go all the way and pay attention to the details? Glad for you that they are gone!