Arizona Appeals Court Kiboshes Bank's Attempt To Steamroll Pro Se Renter Out Of F'closed Home w/o Notice In Violation Of Federal Tenant Protection Law

In Phoenix, Arizona, The Bank of New York Mellon is the latest bankster caught trying to throw a tenant in a foreclosed home out on the street without giving her the proper 90-day notice as required under the Protecting Tenants at Foreclosure Act of 2009 ("PTFA").

After successfully duping an apparently rusty Judge Lindsay Best Ellis, another of the many retired trial jurists from around the country who have been asked to interrupt their retirement years to hear foreclosure cases, that the Federal statute did not apply in giving tenant Patricia De Meo the boot, the bankster got a rude surprise in that De Meo, without legal representation,(1) went to the state intermediate appellate court and asked for a review of the lower court ruling, claiming that her rights under the PTFA were ignored.

In a relatively simple, straightforward review, the three-judge Arizona appeals panel agreed with De Meo and reversed the lower court fumble.

For all the details, see Bank of New York Mellon v. De Meo, 1 CA-CV 10-0177 (Ariz. App. Div. 1, May 3, 2011).

(1) Although acting without legal counsel, De Meo received some additional ammunition by way of a 'friend of the court' brief filed by the Phoenix not-for-profit law firm Community Legal Services ("CLS") on behalf of a number of organizations in support of De Meo’s position. CLS provides legal advice, assistance and advocacy to low-income Arizonans in certain civil legal matters throughout their services areas.