Abstract

http://ssrn.com/abstract=1825403
 


 



The Due Process Rights of Residential Tenants in Mortgage Foreclosure Cases


Henry Rose


Loyola University Chicago School of Law


New Mexico Law Review, Vol. 41, 2011
Loyola University Chicago School of Law Research Paper No. 2011-013

Abstract:     
The purpose of this article is to explore the rights of tenants who reside in buildings undergoing foreclosure to receive notice and an opportunity to be heard when foreclosures threaten to terminate their tenancies. The federal Protecting Tenants at Foreclosure Act of 2009 (PTFA) will significantly reduce the incidence of residential tenancies being terminated as a result of foreclosure. However, PTFA offers weak procedural protections if the mortgagee or the person who acquires ownership pursuant to a foreclosure seeks to terminate the tenancies of residents in the foreclosed building. In those states that require judicial foreclosures, the Due Process Clause of the Fourteenth Amendment to the United States Constitution should afford tenants faced with termination of their tenancies due to foreclosure with notice and an opportunity to be heard before their tenancies are terminated. In states that allow non-judicial foreclosures, Due Process protections are not likely to be available to tenants due to a lack of state action in the foreclosure process. PTFA should be amended to afford all tenants, including those who reside in non-judicial foreclosure states, with notice and an opportunity to be heard before their tenancies are terminated pursuant to a foreclosure.

Number of Pages in PDF File: 16

Keywords: Foreclosure, tenants' rights, Protecting Tenants at Foreclosure Act of 2009

JEL Classification: K11, K41

Accepted Paper Series





Download This Paper

Date posted: April 30, 2011  

Suggested Citation

Rose, Henry, The Due Process Rights of Residential Tenants in Mortgage Foreclosure Cases. New Mexico Law Review, Vol. 41, 2011; Loyola University Chicago School of Law Research Paper No. 2011-013. Available at SSRN: http://ssrn.com/abstract=1825403

Contact Information

Henry Rose (Contact Author)
Loyola University Chicago School of Law ( email )
25 E. Pearson
Chicago, IL 60611
United States

Feedback to SSRN


Paper statistics
Abstract Views: 1,209
Downloads: 148
Download Rank: 120,196

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.375 seconds