Banks v. Eastern Savings Bank, 8 A.3d 1239 (2010)

Citation: Banks v. Eastern Savings Bank, 8 A.3d 1239 (2010)
Parent Document: Banks v. Eastern Savings Bank, 8 A.3d 1239 (2010)
Jurisdiction: DC (municipal)
Effective Date: 2010-12-02
Original Source: https://www.courtlistener.com/opinion/2442188/banks-v-eastern-savings-bank/ ↗

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Tenant-appellant Matt Banks appeals three rulings of the trial court, all involving the same single-family dwelling owned by landlord-appellee Eastern Savings Bank (ESB). ESB became owner of the property pursuant to a trustee’s deed after foreclosing on the mortgage of the prior landlord, Vasiliki Pappas. Banks claims ESB improperly served him with a notice to vacate because ESB did not provide a copy of that notice to the Rent Administrator within five days of delivery. Because our case law demands strict compliance with statutory and regulatory provisions in eviction proceedings, we agree and reverse the nonredeemable judgment of possession with respect to the basement unit of the property. We also agree that the trial court erred by enforcing a pre-foreclosure lease against Banks. A foreclosure action extinguishes all subservient leasehold estates. Therefore, pursuant to D.C.Code § 42-522 (2001), Banks’ pre-foreclosure lease was vitiated by the foreclosure proceedings involving Pappas, converting Banks into a tenant at will. Because a tenancy at will “affect[s] the title to ... interest in real property[,]” the trial court also erred when it ordered the removal of Banks’ lis pendens

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