Eviction after foreclosure

Posted By: St. Matthew

Eviction after foreclosure - 12/05/19 01:57 PM

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?
Posted By: rlcarey

Re: Eviction after foreclosure - 12/05/19 03:53 PM

Are you talking about the Tenants in Foreclosure Act or are you talking about evicting a servicemember at foreclosure?
Posted By: St. Matthew

Re: Eviction after foreclosure - 12/05/19 03:58 PM

Evicting a servicemember at or after foreclosure. specifically the rule at 50 USC 3951 (a)
Posted By: John Burnett

Re: Eviction after foreclosure - 01/22/20 09:05 PM

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.