Unfair Foreclosure Process: Protecting the Tenants that Pay Your Mortgage

Authors

Dania L. Sancho

First Page

121

Document Type

Comment

Abstract

This comment addresses the problem tenants face when their rights are violated. Part II explains the different types of foreclosure actions, including judicial foreclosure in Part II(A), and non-judicial foreclosure in Part II(B), while Part II(C) describes the twenty-first century crisis in the United States. Part III of this comment explains the Protecting Tenants at Foreclosure Act of 2009, an act created by Congress in 2009 to help the affected tenants during the crisis.' Further, Part IV explains the different types of ownership and property rights. Part V contrasts the Protecting Tenants at Foreclosure Act of 2009 and current law." Part VI provides a viable solution to the problem tenants face while their rental property is undergoing foreclosure by providing relief to those tenants left out in the cold. The solution section recommends that the Florida Legislature revise its current foreclosure law to require banks to ascertain all interested parties to the property, including tenants, and disclose if the property is tenant occupied at the time of the foreclosure sale. The proposed law will also require that tenants' leases survive foreclosure actions as originally provided by the Protecting Tenants at Foreclosure Act of 2009.

Recommended Citation

Dania L. Sancho, Unfair Foreclosure Process: Protecting the Tenants that Pay Your Mortgage, 28 St. Thomas L. Rev. 121 (2015).
Available at: https://scholarship.stu.edu/stlr/vol28/iss1/6