OCC Bulletin 2020-9| March 2, 2020

Protecting Tenants at Foreclosure Act: Revised Comptroller's Handbook Booklet and Rescissions

To

Chief Executive Officers of All National Banks, Federal Savings Associations, and Federal Branches and Agencies; Department and Division Heads; All Examining Personnel; and Other Interested Parties

Summary

The Office of the Comptroller of the Currency (OCC) issued today the revised “Protecting Tenants at Foreclosure Act” booklet of the Comptroller’s Handbook. This booklet provides information and procedures for examiners in connection with the foreclosure activities and related consumer protections covered under the Protecting Tenants at Foreclosure Act of 2009 (PTFA).

Rescission

With the issuance of this revised booklet, the following documents are rescinded:

  • OCC Bulletin 2011-15, “Protecting Tenants at Foreclosure Act of 2009: Revised Examination Procedures”
  • “Protecting Tenants at Foreclosure Act of 2009” booklet of the Comptroller’s Handbook issued in May 2011

Note for Community Banks

This booklet applies to the OCC’s supervision of community banks.

Highlights

The revised booklet

  • summarizes PTFA requirements.
  • discusses risks associated with a bank’s PTFA compliance.
  • provides examiners with information and procedures regarding a bank’s risk management and PTFA compliance.

Background

The PTFA protects tenants under certain circumstances from evictions resulting from foreclosures on the properties they occupy. These protections had been subject to a sunset provision. The Economic Growth, Regulatory Relief, and Consumer Protection Act restored sections 701 through 703 of the PTFA1 and repealed the sunset provision in section 704,2 making permanent the PTFA provisions. The provisions apply to any immediate successor in interest—including banks—that foreclose on a federally related mortgage loan or on any dwelling or residential real property, as defined in section 3 of the Real Estate Settlement Procedures Act, that is subject to a bona fide lease, as defined in the PTFA and in 12 USC 2602.

Further Information

Contact Paul R. Reymann, Director for Consumer Compliance Policy, at (202) 649-5470.

 

Grovetta N. Gardineer
Senior Deputy Comptroller for Bank Supervision Policy

Related Link

1 Refer to Pub. L. 111-22, “Helping Families Save Their Homes Act of 2009,” Title VII-Protecting Tenants at Foreclosure Act (2009).

2 Refer to Pub. L. 115-174, Section 304, “Economic Growth, Regulatory Relief, and Consumer Protection Act” (2018).