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March 26, 2012: NHLP Advocacy Leads to New HUD Guidance on Protecting Tenants at Foreclosure Act

Typically, the Federal Housing Administration (FHA) requires a foreclosed FHA-insured property to be vacant when it is conveyed to FHA after foreclosure. HUD provides a form notice for the mortgage lender to notify current occupants of the upcoming foreclosure sale with the statement that “HUD generally requires that there be no one living in properties for which it accepts ownership unless certain conditions are met.”

When the Protecting Tenants at Foreclosure Act (PTFA), which keeps leases in place after foreclosure and grants tenants the right to a 90-day notice, was enacted in 2009, advocates grew concerned that the omission of PTFA protections from notice would lead tenants to vacate the property prematurely, in the process unwittingly give up their rights under the PTFA. For the last two years, the National Housing Law Project, as part of a coalition of housing advocates, has urged HUD to revise the notice to ensure tenants are aware their PTFA rights.

Largely reflecting NHLP’s concerns, the guidance revised the FHA notice to inform tenants that they have rights under the PTFA to remain in the property after foreclosure. HUD also advised mortgagees that the notice must also alert tenants to additional state and local protections if applicable. Mortgagees are required to use the updated “notice to occupants of pending acquisition” no later than July 1, 2012.

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