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Old 02-11-2012, 04:36 PM
 
2,076 posts, read 4,072,689 times
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That is true, if the new owner intends to occupy it as their primary residence then you'll have 90 days, even if you're in lease. That said, that pretty much never happens. Not many people (read, almost zero) are buying primary residences at foreclosure auction. This doesn't apply if the bank takes it back and attempts to sell it to a person who will occupy the house as their primary residence. It would only apply if the person purchasing at foreclosure auction was going to occupy it as their primary residence.

Quote:
Originally Posted by Jalhop View Post
My understanding is that if the new owner will occupy the property, you have 90 days, and beyond that only at the whim of the owner. Only when the owner won't occupy do you have until the end of the lease. Since the owner can say they'll occupy in any case, renters should plan for 90 days maximum.

Lookup "Protecting Tenants at Foreclosure Act of 2009"
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Old 02-11-2012, 08:06 PM
 
Location: North Las Vegas
1,631 posts, read 3,951,145 times
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Quote:
Originally Posted by Big Lou View Post
I'm moving to Las Vegas next week and something I read in another thread spooks me. I saw someone post that someone like me rents a house and pays rent to the owner of the house but that owner doesn't pay his / her mortgage and what happened the bank kicks "me" the renter out. Should I be worried about this or an I being paranoid?

Is there a way to see if the owner of the house actually does pay the mortgage when I pay him how does this work? Is this a big scam on going etc?
HI Big Lou, here is a website you can check on the property your renting to see if it's going into foreclosure. rentalforeclosure.com
The bill AB 140 amends NRS 118A to require a landlord to disclose, in writing, to a prospective tenant if the property is subject to foreclosure proceedings. A willful violation is a deceptive trade practice punishable by a civil fine of $5,000 and/or criminal sanctions for a misdemeanor (first offense), gross misdemeanor ( second offense) or felony ( third offense) pursuant to NRS 598.0999.
AB 140 states that a tenant or subtenant is to be provided notice within three business days that his or her residential unit is being foreclosed by the lender. The notice is to state that the tenant may terminate his or her lease and move out or remain and possibly be evicted under Chapter 40 (after the expiration of the notice).
If the tenant fails to pay rent or fails to perform any other obligations of the lease agreement, the tenant will be subject to a eviction notice prior to the expiration of the 90-day period. During this 90-day period, the new owner has the same rights, obligations and liabilities of the previous owner under NRS 118A (the landlord tenant act) and under the lease or rental agreement that the previous owner entered into with the tenant.
The tenant can vacate from the property prior to the expiration of the notice period without any obligation to the new owner. In this case, the tenant would not be require to give the new owner 30-days notice.

Under Nevada law a renters must be given 60 days' notice of eviction in the case of a home foreclosure.
The Federal law that requires the sending of a 90-day notice to the tenant to vacate from the premises will expire at the end of 2012,
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