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Civil legal organizations in Arizona are seeking your input to increase their ability to meet the civil legal needs of Arizona's lower income residents. Please complete this survey to assist in improving civil legal services in Arizona.
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Arizona Legal Needs Survey Need Court Help? Need Court info?This law expired on December 31, 2014
IMPORTANT PLEASE READ: The Federal Law, Protecting Tenants at Foreclosure Act, expired and is no longer valid as of December 31, 2014. While there were some attempts in the House to revive this law in 2015 none have been successful. Arizona State Law, A.R.S § 33-1331, gives tenants of foreclosed properties some limited protections; information about these protections can be found in this article. This article remains on AZLawHelp.org purely for historical value for those interested in how the Protecting Tenants at Foreclosure Act operated from 2009 through 2014.
There are legal protections for tenants renting a house that is in or goes into foreclosure. The Protecting Tenants at Foreclosure Act (PTFA) was passed by Congress signed into law by the President Obama in 2009; subsequently the law was extended in 2010. The PTFA expired on December 31, 2014. The PTFA, depending on the facts in a particular situation, requires that renters in foreclosed homes be allowed to stay or given sufficient notice under the law.
Who qualifies for protection under the PTFA?The tenant protection provisions apply in the case of any foreclosure on a “federally related mortgage loan” or on any dwelling or residential real property. The tenant must also be “bona fide.” A lease or tenancy is “bona fide” only if:
In other words the lease must be made with another person and not with oneself and the rent payments must be a fair amount for the property that is not supplemented by the government.
When do renters in foreclosed homes get to stay and when do they have to leave? Renters Get to Stay IF: Renters get to stay for the duration of the lease, if all of the following requirements are met: Renters Cannot Stay But Must Be Given Notice IF:In most other situations, the renters will have to leave, once the foreclosure is complete, and upon receiving 90 days notice from the new owner. The common situations where a renter will have to vacate after the foreclosure upon receiving notice are:
Why does the law end December 31, 2014?
The law has what is called a sunset provision, meaning it has an expiration date. The original date was extended in the “Dodd-Frank Wall Street Reform and Consumer Protection Act”, so that the law will be repealed on December 31. 2014. When laws are written, the legislative body writing the law may set a date of when that law will end, referred to as a “sunset” clause or provision (Note: Not all laws have sunset provisions, it is not required). The PTFA is a federal law, Congress would have to authorize and extension or make the law permanent and the President would have to sign it into law.
Source: See 12 U.S.C. 5220 or search the US Code online with the US House of Representatives website. For additional information see the Consumer Financial Protection Bureau website.
my home had a foreclosure hearing in November but today i received a letter saying. Motion to withdraw motion for summary and default judgement entry and decree of foreclosure and vacate hearing. what does this mean? Thank you in advance for your time
What rights do tenants have that are renting a house that has forclosed now that the Protection Act expired on December 31, 2014?
I am leasing a house threw a management company and found out that the house is in foreclosure and an auction date has already been set. The way I found out is the attorney for the lender posted the notice on our door not by the management company. I had to let them know. Am I still suppose to pay them the lease payment?
I am curious about the 90 day requirement to file a lawsuit for a deficiency on a foreclosed home. In my case, I had a purchase money loan and a second mortgage from the same lender. After the foreclosure, the lender has continued to keep the second mortgage in an "open" status. Is the lender barred from suing on the second mortgage past 90 days of foreclosure or do they have up to the 6 year AZ statute of limitations to sue?
How do I find out if there is a sale date for my home that is in foreclosure? How much would it cost to change your last name after marriage through the court?I live in a condo complex. One of the other owners has been storing property in a storage bin which is not her own. She appropriated it when it went into foreclosure. The current owner wants that storage bin. What can we do? The lock is still on and the woman (a lawyer, by the way) refuses to remove it.
If house is foreclosed on, what does the new owner need to provide to the old owner and how long does the the old owner have to get out by law?
WHAT IS THE LAW THAT STOPS EVICTION BY BOTH THE NEW OWNER OF THE FORECLOSED EQUITABLE TITLE AND THE SERVICING BANK?
my house was sold at auction today, I was not notified prior to the sale from my mortgage company. I chatted with another lawyer and he said that they should have posted something at my house 20 days prior to the auction, nothing was posted. is this legal?