Thread Options
#2226793 - 12/05/19 01:57 PM Eviction after foreclosure
St. Matthew Offline
New Poster
Joined: Jan 2018
Posts: 9
For a mortgage loan that has been foreclosed upon, does a mortgage servicer still need to abide by the eviction standards thereafter to remove a covered borrower from a home? The argument I am getting is that the language in the act only refers to landlords and their tenants. While looking at the specific language I agree that we are not in a landlord/tenant relationship, but were in a mortgagor/mortgagee relationship. For clarity, this would not be in cases where a mortgagee had rented to a third party covered servicemember, rather the mortgagee is covered. My knee jerk reaction is that we would still need to follow the rules here. I cannot find any specific direction other than seeing enforcement actions related to the area so that seems a pretty good indicator to me. Any thoughts?

Return to Top
Lending to Servicemembers (SCRA, JWNDAA), War, Terrorism
#2226817 - 12/05/19 03:53 PM Re: Eviction after foreclosure St. Matthew
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 75,525
Galveston, TX
Are you talking about the Tenants in Foreclosure Act or are you talking about evicting a servicemember at foreclosure?
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#2226819 - 12/05/19 03:58 PM Re: Eviction after foreclosure St. Matthew
St. Matthew Offline
New Poster
Joined: Jan 2018
Posts: 9
Evicting a servicemember at or after foreclosure. specifically the rule at 50 USC 3951 (a)

Return to Top
#2229448 - 01/22/20 09:05 PM Re: Eviction after foreclosure St. Matthew
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 38,942
Cape Cod
Once you have foreclosed, you become the landlord or person with paramount title. I'd say you are subject to the provisions of that section of the SCRA. You would need a court order.
_________________________
John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

Return to Top

Moderator:  Andy_Z