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2018 SESSION

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HB 311 Unlawful detainer, summons for; foreclosure.

Introduced by: Marcus B. Simon | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Unlawful detainer; foreclosure. Provides that a former owner who remains in possession of a single-family residential dwelling unit on the date of a foreclosure sale becomes a tenant at sufferance. The bill further provides that the successor owner may file an unlawful detainer action three days after giving the tenant written termination notice. Finally, the bill provides that the tenant shall be responsible for payment of fair market rental from the date of the foreclosure until the date the tenant vacates the dwelling unit, as well as damages, and for payment of reasonable attorney fees and court costs.

SUMMARY AS INTRODUCED:

Unlawful detainer; foreclosure; legal title to real property foreclosed upon. Provides that, in the case of a summons for an unlawful detainer filed by a successor landlord following the foreclosure of a dwelling unit, the general district court shall determine whether there may be a valid issue as to the legal title to the real property if (i) such an issue is raised by a defendant to the case and (ii) the court determines such issue raised is a bona fide claim. The bill provides that, if the court finds that such an issue exists, the court shall dismiss the case without prejudice. The bill further provides that the general district court shall proceed with the unlawful detainer case if it finds that no such valid issue exists. The bill specifies that the general district court is not granted subject matter jurisdiction to determine legal title to real property pursuant to the contents of the bill. The bill adds unlawful detainer actions to the list of actions wherein another judgment between the same parties does not bar another such action from being brought.