Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)

Citation: Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)
Parent Document: Nativi v. Deutsche Bank National Trust Co., 223 Cal. App. 4th 261 (2014)
Jurisdiction: California (state)
Effective Date: 2014-01-23
Original Source: https://www.courtlistener.com/opinion/2650742/nativi-v-deutsche-bank-national... ↗

Full Text

2,237 chars

7
ordinance." (Stats. 2008, ch. 69, § 7, p. 179.) The Legislature also declared that "[t]his
act does not, and shall not be construed to, affect the authority of a public entity that
otherwise exists to regulate or monitor the basis for eviction." (Ibid.)
       Section 1161b was amended in 2012 (Stats. 2012, ch. 562, § 3, p. 4960) and the
amendment went into effect on January 1, 2013. (See Cal. Const., art. IV, § 8, subd. (c);
Gov. Code, § 9600, subd. (a).) As amended, section 1161b, subdivision (a), provides:
"Notwithstanding Section 1161a, a tenant or subtenant in possession of a rental housing
unit under a month-to-month lease or periodic tenancy at the time the property is sold in
foreclosure shall be given 90 days' written notice to quit pursuant to Section 1162 before
the tenant or subtenant may be removed from the property as prescribed in this chapter."
As amended, section 1161b, subdivision (b), additionally provides that "tenants or
subtenants holding possession of a rental housing unit under a fixed-term residential lease
entered into before transfer of title at the foreclosure sale shall have the right to
possession until the end of the lease term, and all rights and obligations under the lease
shall survive foreclosure . . . ." (Italics added.) A fixed-term residential lease is not
entitled to this additional protection, however, where "[t]he purchaser or successor in
interest will occupy the housing unit as a primary residence," "[t]he lessee is the
mortgagor or the child, spouse, or parent of the mortgagor," "[t]he lease was not the result
of an arms' length transaction," or "[t]he lease requires the receipt of rent that is
substantially less than fair market rent for the property, except when rent is reduced or
subsidized due to a federal, state, or local subsidy or law." (§ 1161b, subd. (b).) Section
1161b does "not apply if any party to the note remains in the property as a tenant,
subtenant, or occupant." (§ 1161b, subd. (d).)
       In enacting the 2012 amendment of section 1161b, the California Legislature was
attempting to bring California law in line with the federal PTFA. An Assembly Floor
analysis of the bill amending section 1161b explained: "The PTFA, which is currently

Other Sections in This Document (81)

Full Text