Protecting Tenants at Foreclosure Act of 2009

A new federal law protects innocent tenants from eviction after foreclosure.[1]

The purchaser at foreclosure takes the property subject to any unexpired lease.  The law also requires the foreclosure auction purchaser to give notice to vacate to any month-to-month tenant.  The notice must be served at least ninety days prior to its effective date.

The law expires at the end of 2012.

[1] S. 896, Public Law No: 111-22, signed by Pres. Obama May 22, 2009.

Posted in Foreclosure.


  1. I bought a 13 plex from a bank who took ownership of it at auction. ( no one bid on it ) the bank put it on the open market a month later and i bought.does the 90 day notice to vacate to the tenants apply to me. is the bank not the “immediate successor” of the property? the law was designed to protect the tenants from banks and their agents. am i an arms lenghth associate of theirs? nobody could answer this question. can you?

  2. By reading the law, I am getting that even though this law refers to a dwelling or 1-4 family real property, this would not include a mobile home? It is still titled and has not been made a part of real property. It is located in a mobile home park. This would not be protected by the Protecting Tenants at Foreclosure Act would it? This is in Texas.
    Thank you,

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