No Private Right Of Action For Tenant.

Plaintiff was a tenant on property for which a bank took title at foreclosure. The bank served her with a three-day notice of termination and then immediately initiated an unlawful detainer action. Plaintiff contends the bank was required to serve a 90-day notice of termination prior to eviction. She filed an action against the bank in federal court, but the federal trial court concluded it lacked subject matter jurisdiction because the Protecting Tenants at Foreclosure Act of 2009 [Pub.L. No. 111-22, § 701-04; PTFA] did not provide a private right of action. The PTFA provides that any owner of a residence after a foreclosure on a federally-related mortgage loan assumes such interest subject to a 90-day notice to vacate to any bona fide tenant as well as subject to any bona fide lease in place prior to foreclosure proceedings. After noting the issue is one of first impression, the Ninth Circuit concluded the statute neither explicitly nor impliedly creates a private right of action allowing plaintiff to enforce the PTFA. [P.S.: the bank did dismiss its unlawful detainer action in state court without prejudice.] Logan v. U.S. Bank (Ninth Cir.; July 16, 2013) (Case No. 10-55671).