Violation Of Federal Tenant Protection Law | Arizona Appeals Court Reverses Bank’s Attempt to Boot Pro Se Renter w/o 90 Day Notice

 

THE BANK OF NEW YORK MELLON, as Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates Series 1998-8, its assignees and/or successors-in-interest,
Plaintiff-Appellee,
v.
PATRICIA DE MEO,
Defendant-Appellant.

Perry & Shapiro, LLP
by Christopher R. Perry
Jason P. Sherman
Attorneys for Appellee

Appellant, Patricia De Meo, appeals from a judgment finding her guilty of forcible entry and detainer and ordering her to surrender her leased premises to Appellee, The Bank of New York, as Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates Series 1998-8, its assignees and/or successors-in-interest (“the Bank”). ]We reverse the judgment.

Because the Bank failed to comply with the PTFA’s 90-day notice requirement, the trial court erred in finding De Meo guilty of forcible entry and detainer and in entering judgment in the Bank’s favor. The trial court further erred in failing to dismiss the FED action. See Alton v. Tower Capital Co., Inc., 123 Ariz. 602, 604, 601 P.2d 602, 604 (1979)(if landlord fails to give proper written notice, the trial court must find the tenant not guilty of forcible detainer and cannot enter judgment in the landlord’s favor); see also Rule 13(a)(2), Arizona Rules of Procedures for Eviction Actions, (if the tenant does not receive proper termination notice, “the court shall dismiss the [FED] action.”).

CONCLUSION

For the foregoing reasons, we reverse the judgment of the trial court.

Full opinion below…

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4closureFraud.org

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THE BANK OF NEW YORK MELLON v. PATRICIA DE MEO

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