Some advice on a Three day Notice to Quit please?
I live in Las Vegas, NV. On Sept 3rd we received a three day Notice to Quit. Looked at our options and realized that a request for a loan modification did not go through, and that the Foreclosure process had been completed and the house was now in the Banks Name.
At this point, a "negotiator" came to the home and offered us $1,000.00 and three weeks to evacuate the house.
I honestly need a little more time and don’t think the money is worth it, so here is my question:
If I decide to decline the offer, take my chances and go to court, how much time overall can I gain? I have not received a letter for a court date yet. And, once I do get to the court, about how long will the Judge give me and my family to leave the premises?
In the long run, will I be able to save a little more money than what I am bein offered assuming that I am able to stay longer that the three weeks? I was actually looking to leave in January, how likely is for this to happen?
Or can I ask for more money and more time?
Please help!
Thanks.
stay in the house?
–presuming you have the rent $.
if not–that is unethical…….but that
is your problem–
——–
forget the "buy out"
IF YOU HAVE THE RENT MONEY:
[you can ask for anything in America!]
—stay in rented unit and not pay rent when
unsure of owner:
this exact topic has been bantered between courts and attorneys for
years; there is no best answer.
one good answer is–escrow the rent. That shows INTENT.
IF you are in doubt as to who owns the apts–contact the
county recorder. Anyone can knock on your door, as you correctly
state and ask for your rent and if they are not authorized, you lose.
Wait till either the new owners visits you and shows you a deed
that LOOKS authentic–or wait till you get a "pay or quit"
notice. This is only if the ownership is in question.
when you go to court, you give the court proof of your escrowing
your rent BECAUSE you have great doubts who the owner is.
YOU give the court your data that shows that the ownership was or is in question. WHEN the judge is satisfied with who he feels the new owner is, he will direct you to pay that money to that person.
Obviously that person will be in court or their legal rep will be.
I am doubting that a judgment will be rendered; I am claiming
it will be vacated–as soon as you pay the rent so that
you have no judgment against you.
———–
September 27th, 2009 at 9:14 am
The judge makes the determination on when you must vacate the property. If you decide to stay. The Sheriff can vacate you without notice.
References :
September 27th, 2009 at 9:25 am
Seek legal advice immediately and be prepared to move soon as possible as a plan "B". The last thing you want is the Sheriff throwing you and your family out in the street. Having said that, you might be able to rent your house for a few months as most lenders know that an occupied house is much better maintained than an unoccupied house.
References :
Realtor/Mortgage Broker/Landlord
September 27th, 2009 at 9:55 am
Judge will give you no more then 30 days, take the money and get out.
You do not need an eviction on your history.
References :
September 27th, 2009 at 10:08 am
You’ll never win in court. The home is already foreclosed and only the eviction proceedings are left. The judge will not understand how you could not be prepared after about 6 months of non-payment and will likely order an immediate eviction. The whole process will likely take 30 days or less.
Once the sheriff evicts you, there will be no recourse.
References :
September 27th, 2009 at 10:19 am
I am not an attorney but I am not an idiot either ok? This man has ABSOLUTELY NO LEGAL RIGHTS to rent this house to anyone. It is no longer his property. It is now in the banks name and is banks property. Do not advise this man to commit a crime which is punishable by law. Shame on you- you should know better than to advise this being a realtor and/or broker !
He has been given a 3 day notice with a cash for keys offer of $1000 to vacate the premises in three weeks. This IMHO is a very gracious offer. The bank is offering to let you stay in THEIR PROPERTY rent free for 3 weeks AND pay you money upon vacating the premises. How many months have you been staying in the property and not paying any mortgage to the bank(s) already? 3 months-6 months- 8 months? Why were you not saving up any money during this time ?
You more than likely had a chance to save up money as shortsales never seem to be "short" and usually take a very long time. It was your choice not to. Your real estate agent should have prepared you for the likelihood the bank may NOT approve your sale as only 3 out of 10 shortsales do in fact end up actually going through. And where was this agent to inform you transaction details going on with your deal? Was that not part of agents job? Why did you not know your sale was not approved? Or being foreclosed on ??? You were most certainly given a notice of default date. Trustee sale date, etc. They mail you these notices. To the very house you are staying at. You yourself should realize the bank is being very gracious on its part by offering you any monies whatsoever. They are not going to let you stay in their property until January- stop living in a dream. Start taking some accountability for your own life. I know it’s hard but you need to move on. Start anew with a little grace.You can find a good rental for 1000-1200 month. Why take the chance on losing this money completely and facing the humiliation, shame and degradation of being thrown out on the streets and having an eviction on your record as well as a foreclosure??
References :
September 27th, 2009 at 11:05 am
stay in the house?
–presuming you have the rent $.
if not–that is unethical…….but that
is your problem–
——–
forget the "buy out"
IF YOU HAVE THE RENT MONEY:
[you can ask for anything in America!]
—stay in rented unit and not pay rent when
unsure of owner:
this exact topic has been bantered between courts and attorneys for
years; there is no best answer.
one good answer is–escrow the rent. That shows INTENT.
IF you are in doubt as to who owns the apts–contact the
county recorder. Anyone can knock on your door, as you correctly
state and ask for your rent and if they are not authorized, you lose.
Wait till either the new owners visits you and shows you a deed
that LOOKS authentic–or wait till you get a "pay or quit"
notice. This is only if the ownership is in question.
when you go to court, you give the court proof of your escrowing
your rent BECAUSE you have great doubts who the owner is.
YOU give the court your data that shows that the ownership was or is in question. WHEN the judge is satisfied with who he feels the new owner is, he will direct you to pay that money to that person.
Obviously that person will be in court or their legal rep will be.
I am doubting that a judgment will be rendered; I am claiming
it will be vacated–as soon as you pay the rent so that
you have no judgment against you.
———–
References :
RE broker