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Stop Shutting the Door on Renters: Protecting Tenants from Foreclosure Evictions

28 Pages Posted: 6 May 2010 Last revised: 18 May 2012

Eloisa C. Rodriguez-Dod

Florida International University (FIU) - College of Law

Abstract

This article discusses existing and proposed federal and state law affecting tenants’ rights in foreclosure. As “Foreclosure” signs rapidly join “For Sale” signs across the country, the national foreclosure crisis has not only displaced homeowners, but a plethora of renters as well. The approach taken by states concerning tenants affected by foreclosure varies greatly. Furthermore, a recently enacted federal law, created specifically to help tenants in foreclosure, does not relieve the uncertainty in resolving this issue. In addition to being the first to critique the new federal law, this article offers recommendations for legislation that may better protect tenants from foreclosure-related evictions.

Keywords: tenant, foreclosure, eviction, renter, lessee, mortgage, landlord, lessor

JEL Classification: K11, G21

Suggested Citation

Rodriguez-Dod, Eloisa C., Stop Shutting the Door on Renters: Protecting Tenants from Foreclosure Evictions. Cornell Journal of Law and Public Policy, Vol. 20, p. 243, 2010; NSU Shepard Broad Law Center Research Paper No. 10-006. Available at SSRN: https://ssrn.com/abstract=1600775

Eloisa C. Rodriguez-Dod (Contact Author)

Florida International University (FIU) - College of Law ( email )

11200 SW 8th St.
RDB Hall 1097
Miami, FL 33199
United States

HOME PAGE: http://law.fiu.edu/faculty-2/eloisa-c-rodriguez-dod/

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