Foreclosure Eviction Attempt Lands Lender In Federal Court; Tenant Accuses Bank Of Using Misleading Letter To Intimidate Her Out Of Rented Home

In Cincinnati, Ohio, the Cincinnati Enquirer reports:

• A College Hill woman sued GMAC Inc. on Monday to stop the company from evicting her and other tenants after their rented homes were sold at sheriff's sales. Rosalyn Pratt said GMAC purchased her home in December after the property fell into foreclosure and then sent her a letter stating she would receive $500 if she left within two weeks. If Pratt didn't leave, the letter said, she would be evicted.

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• Her Legal Aid lawyer, Nicholas DiNardo, said the company's letter violates a 2009 federal law that requires landlords to give tenants at least 90 days notice before evicting them from properties that have gone into foreclosure or changed hands in a sheriff's sale."This is a direct violation," DiNardo said. "They misinformed her. They said if you don't take this deal, we'll file an eviction notice against you."(1)

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• The lawsuit, filed in U.S. District Court in Cincinnati, seeks a court order barring GMAC from evicting Pratt and from continuing to use the eviction letter the company sent her earlier this year.

For the story, see Suit seeks to block foreclosure evictions.

Representing the tenant is the Legal Aid Society of Southwest Ohio, LLC.

(1) For the lawsuit and the attached exhibits that allege violation of the Federal Protecting Tenants at Foreclosure Act (among other causes of action), see Pratt v. GMAC, et ano.