When you foreclose:
The new law allows tenants who have a lease to remain in their home until the end of the lease period, unless a new owner purchases the home at a foreclosure sale and intends to occupy it as a personal residence. In that case, the renter can be evicted with 90 days’ notice even if a longer-term lease is in force.
A rare but potentially important exception occurs if the renter signed the lease before the owner obtained the foreclosed loan. In that case, the lease will still “survive” the foreclosure, according to Janet Portman, an attorney and author of “Every Tenant’s Legal Guide,” published by Nolo Press in Berkeley, Calif.
Tenants who don’t have a lease also are entitled to 90 days’ notice prior to eviction under the new law.
Technically, the law applies only to “any foreclosure on a federally related mortgage loan.” That requirement shouldn’t be a burden for tenants because, as Portman explains, the definition of “federally related” encompasses virtually all loans.
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