State Specific Question About: MASSACHUSETTS (MA)

Trying to find the laws written out in plain English that have to do with removing occupants of a auctioned off house.

After I purchased a property in forclosure, I knew that I would never be able to obtain the current rental agreement. With a lease, the occupant is not responsible to pay rent. So I first served the occupant a "change in terms of tenancy". I stated that they are on a month to month tenancy and after 30 days I was raising the rent to market rates. If the tenant had any objections or a valid term lease, please provide me with a copy.

The tenant provided me then with a fake lease. I then asked for the last six months records of payment. Either check, money order or online payment. The tenant did not give me proof of any rental payments. I then consulted with my eviction attorney. It then took six months to evict. Between delays, motions to waive their court fee's and filing a false bankruptcy -- I finally got possession.

Both federal and state law provide tenants with specific rights concerning evictions after foreclosure. The federal Protecting Tenants at Foreclosure Act of 2009 (Public Law 111-22) was signed into law in May, 2009. Under the law, a tenant with a valid lease can continue to live in the property for the term of the lease. Foreclosure does not change the status of the lease. A tenant at will, or a tenant whose lease has expired, can be made to vacate the property following foreclosure, as long as the lender, or purchaser at auction, gives the tenant a 90 day written notice to vacate the property. This applies to all tenants, with or without housing subsidies or vouchers. The law provides exceptions for those who purchase the property at a foreclosure auction and intend to occupy the property as a primary residence. Those purchasers are allowed to terminate a tenant's lease, but still must provide a 90 day written notice to the tenant to vacate the property. The law does not apply if the mortgagor or child, spouse or parent of the mortgagor, is the tenant. For tenants receiving housing subsides, such as Section 8, the lender or purchaser at auction must assume the responsibilities of the housing assistance payments contract with the local housing agency. Under state law ( G.L. c. 186, Sec. 13A) tenants who live in a property that is foreclosed on are entitled to at least 30 days written notice if a lender wants them to vacate their apartment. Also, if a tenant receives state or federal rental subsidy, the terms of their rental agreement will not be affected by a foreclosure sale.