ANGIE M. ALMONOR, APPELLANT,
v.
JPMORGAN CHASE BANK, N.A., APPELLEE
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Angie Almonor appealed a writ of possession order issued against her as a tenant in a foreclosed condominium. The court reversed the order because JPMorgan Chase Bank failed to comply with the Protecting Tenants at Foreclosure Act of 2009, which required the bank to honor her bona fide two-year lease until its expiration on January 31, 2013.
A successor-in-interest must allow a bona fide tenant to occupy the property until the end of the lease term unless the successor-in-interest will occupy the property as a residence. The writ of possession order was entered in error because it failed to provide that the writ would not take effect until the lease term ended on January 31, 2013.
[1] A successor-in-interest to a foreclosed property must allow a bona fide tenant to occupy the property until the end of the lease term, unless the successor-in-interest in…
[2] A writ of possession authorizing immediate removal of a bona fide tenant from a foreclosed property is erroneous if it does not permit the tenant to remain until the end…
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Join FLexlaw to unlock all legal intelligence“Chase concedes that the order was entered in error for the sole reason that it failed to permit Almonor, as a bona fide tenant under the Act, to occupy the unit until the end of the lease term on January 31, 2013.”
Establishes the basis for reversal and the bank's acknowledgment of error regarding tenant protections.
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Join FLexlaw to unlock all legal intelligenceFNMA obtained a judgment of foreclosure and certificate of title for a condominium unit. Almonor was a tenant with a bona fide two-year lease commenci…
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ON CONFESSION OF ERROR
Angie M. Almonor (“Almonor”) appeals from an October 16, 2012, order authorizing a writ of possession in favor of Federal National Mortgage Association (“FNMA”), predecessor to the appellee, JPMorgan Chase Bank, N.A. (“Chase”).
After FNMA obtained a judgment of foreclosure and certifícate of title, it sought a writ of possession for the condominium unit in which Almonor was, and apparently still is, a tenant. Almonor objected to the issuance of the writ, asserting that FNMA failed to comply with the federal Protecting Tenants at Foreclosure Act of 20091 (the “Act”) in seeking the writ. Specifically, Almonor claimed that she had a bona fide two-year lease for the unit, which commenced on February 1, 2011, and terminated on January 31, 2013, and that under the Act, FNMA was required to honor her lease until the end of its term. Over Almonor’s objection, the trial court issued the order on appeal, directing the issuance of a writ of possession.2
Chase concedes that the order was entered in error for the sole reason that it failed to permit Almonor, as a bona fide tenant under the Act, to occupy the unit until the end of the lease term on January 31, 2013. On that basis, we agree. Accordingly, because the order failed to state that the writ was not to take effect until January 31, 2013, we reverse the order authorizing a writ of possession.
Reversed and remanded.