SB 469 - This act requires that at least twenty days notice of foreclosure sales be given to mortgagors of the property (i.e. borrowers) and any tenants residing on the property. The lender must mail notice to the tenant of the foreclosure sale. The act provides the language of the notice to the tenant. When the lender or trustee does not know the name of the tenant they do not have to send the notice by certified or registered mail. The lender or trustee must record an affidavit of service as proof they notified the tenant. In cases where a foreclosed property is lawfully occupied by a residential tenant who is not in violation of any lease agreement, no unlawful detainer (i.e. eviction) action may begin against the tenant until 45 days after the date the tenant is given notice that the foreclosure sale occurred. A tenant is not guilty of unlawful detainer until they have received written notice that the foreclosure sale has occurred and they are either in violation of any lease agreement or it has been at least 45 days after the date of the foreclosure sale.
This act is similar to SCS/HCS/HB 836 & 753 (2009) and HB 1168 (2009).
EMILY KALMER