Innocent victims of the subprime crisis
“What happens often is that after a foreclosure, a broker or an agent comes to the house and, as though the law didn’t exist, tells renters the house has been foreclosed and they have to leave,” says Judith Liben, senior housing attorney at the Massachusetts Law Reform Institute.
The law Liben is referencing is the federal Protecting Tenants at Foreclosure Act, passed in spring last year and intended to remain on the books until 2012. It was intended to mitigate the collateral damage from the foreclosure epidemic by making banks give tenants on month-to-month leases 90 days notice before evicting them following the home owners’ foreclosure; and by ensuring that tenants in good standing with year, or multi-year, leases couldn’t be evicted mid-lease following a foreclosure. The new owners would, according to this act, have to honour the terms of the lease, keep up repairs on the property, and repay the tenants’ security deposits upon completion of the lease.
Housing advocates cheered the law as representing a signal victory for struggling tenants in an increasingly brutal real estate environment. In the months since it was passed, however, many have concluded that in practice it is a largely toothless wonder: most tenants don’t know about its existence, many banks – desperate to evict tenants living in foreclosed homes so that they can more easily sell the properties – have continued sending out illegal eviction notices; some even hire bailiffs to change the locks and to throw possessions out onto the street. And the federal government has no real mechanisms to enforce the act’s provisions.
It is not uncommon for tenants in these situations to come home and find intimidating, anonymous, and legally misleading, posters stuck to their doors. One such starts with “Attention!! This property has been foreclosed and is now bank-owned. The eviction process has started. The property is being monitored.” The words are in bold and the text is circled for emphasis. Another begins: “To whom it may concern: We were informed this property was vacant. We have changed the locks.” Another resorts to financial intimidation: “The eviction process has been started by the bank. It is in your best interest to avoid having an eviction added to your credit report. It is very difficult to rent a property with an eviction on your credit report.”
http://www.guardian.co.uk/commentisfree/cifamerica/2010/feb/06/housing-us-subprime-renting-tenants





