One evening in the fall of 2013, the Nativi family found themselves locked out of their home and all their belongings thrown into the yard. They had been renting a converted garage unit for several years when the property became the subject of a foreclosure sale. The Nativi’s had known nothing of the foreclosure sale in advance and had ten months remaining under their current lease. Deutsche Bank, which became the new owner after the foreclosure, refused to allow the Nativi’s to stay in their home, despite the time left on their lease.
In Nativi v. Deutsche Bank, the California Court of Appeal, 6th Appellate District held that under the Protecting Tenants at Foreclosure Act (PTFA), the bank had assumed the duty as landlord upon the foreclosure of the property, and that the Nativi’s lease was still in effect. The Nativi family was given back their home and stability in their community. This decision represented a significant victory for tenants who are the collateral victims of foreclosures and opened the door for recourse in state court. As for Ms. Nativi, she said: “What makes me most happy is that this will help other people.”
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