Bank Can Seek Eviction After Foreclosure on 10-Day Notice

Mortgage lender sued to evict former homeowner and his family after it foreclosed on the property. Homeowner claimed that the lender sent insufficient notice before starting the eviction proceeding. Landlord lender had sent a 10-day notice to quit under Real Property and Proceedings Law Section 713(5). Homeowner claimed that a new federal law required a 90-day notice to quit after foreclosure. The court ruled for the lender. The 90-day notice was required only if occupants had never owned the property and if they paid rent at not substantially less than fair market rent. Here, the occupants were the former homeowner and his family, and they had made no payments for over three years. The extra protections of the federal law didn’t apply.

GMAC Mortgage LLC v. Taylor: NYLJ, 3/10/10, p. 28, col. 1 (Dist. Ct. Suffolk; Hackeling, J)