In Logan v. U.S. Bank National Association the Ninth Circuit held that no private right of action exists under the Protecting Tenants at Foreclosure Act of 2009. Accordingly, the court affirmed the dismissal of a complaint seeking damages and injunctive relief against a bank that had filed an unlawful detainer action against the tenant of a former owner of foreclosed property. The Act is intended to provide a defense to bona fide tenants in eviction proceedings – it cannot be used offensively.
I consult with clients and accept cases involving foreclosure and unlawful detainer proceedings, including available defenses under the Protecting Tenants at Foreclosure Act of 2009. For other types of cases I accept, please scroll my Home and My Practice pages. If you are seeking a legal consultation or representation, please give me a call at 818.971.9409. – Michael Daymude