COURTESY OF LEGAL AID FOUNDATION OF LOS ANGELES
COLLATERAL
DAMAGE
The Protecting Tenants at Foreclosure Act of 2009 safeguards
the right of renters to complete
the term of their lease in situations in which the new buyer does
not intend to occupy the residence, assuming they have not
violated the lease terms.
Mogelberg and Genel signed a
lease on a three-bedroom condo
in April 2012. Finances had been
tight for a while, with both of
them out of work at one time or
another. But this was a steal: just
$850 a month, in a market where
rent for an apartment this size
could be more twice that.
Seven months later, in November, they received a notice
that Bank of America had purchased the home out of foreclosure. “You should talk to a lawyer NOW to see what your rights
are,” the notice stated.
The family approached a local
legal nonprofit, but were turned
away. The demand for services
was just too high, they were told.
Fernando Gaytan, a senior attorney at the Legal Aid Foundation of Los Angeles, tells HuffPost
that there are not enough housing
lawyers to meet the demand in
his region. Renters are in an especially tough spot, he said, because
HUFFINGTON
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they typically don’t have much
time to present a case.
Unlike homeowners, for whom
eviction is typically a drawn-out
process that can last for years,
renters are normally allotted 90
days or less to prove they have a
right to occupy a residence.
The first eviction date, Jan. 1,
came and went. Mogelberg and
the bank continued to spar over
whether the family had the right
to remain in the condominium.
At one point, he said, he was told )