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  1. #1
    preciiouz89 is offline Junior Member
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    Unhappy if i deny cash for keys? whats the next way to get me out?

    cash for keys is a program that pays tenants (me in this case) to move out so they can sell the home. aparently they only give you 30 days to move and the money. i was reading on some websites & some consider me a "squatter". this is determined because i was "scammed" by someone who previously owned the home but no longer had ownership and has been charging me rent and the house has been going through foreclosure. the bank now has put the home on the market for sale as of 7-3-09 and real-esate agents have been coming to show the home not aware of my tenacy. today the bank sent out someone to explain what was going on and that this happens alot in my area. she said to give her a call and the bank would offer me money to move in a timely fashion if the house is clean. i havent signed anything or given her any information. im trying to find out if i deny the cash for keys and just dont contact them with any of my personal information will they just throw me out? or will they have to go through an eviction process? i do have a lease and i have reciepts and its clear to the bank and to anyone else that this isnt my fault so what are the laws defending me?



    aparently cash for keys is giving to renters to move out and fast and leave the place nice so the bank doesnt have to pay for it being cleaned and have to go through a lenghty eviction process.

    also i read that if i dont accept the money they have to give me a 90 day notice to vacate and if i ignore it they have to start the eviction process.

    how true is all of this? what should i do? should i contact a lawyer!?



    ALSO TO ADD TO THIS AWFUL SITUATUION I AM 25 WEEKS PREGNANT AND IM DU EIN OCTOBER, IVE SET UP THE BABY'S ROOM AND ETC. I DO NOT WANT TO MOVE. I PAY MY RENT!! IS THERE A WAY TO FIGHT THIS OR GET LONGER TIME? OR AT LEAST FINISH THE WHOLE LEASE OUT?

    im not a squatter. i didnt break in. i have a lease and ive been here over 2 months. im so sad this is happening i just really want to know whats the process for them to put me out or can i fight this?




    also here's a website i read about tenates living in foreclosed homes but im not sure if it applies to me.

    [url=http://dca.lacounty.gov/tsRentersInForeclosure.html]Renters in Foreclosure[/url]



    also i do know that im considered a tenant by the bank or else they would've never offered me cash for keys.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
  2. #2
    FarmerJ is offline Senior Member
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    If the unit is in foreclosure and sold you will be given what ever notice is required by your states law if the new owner wants you out and there wont be much you can do about it ! by that time you could end up being taken to court if you refuse to leave with proper notice and will have a wonderful history that can be found by any future LL and use it as reason to refuse to rent to you. Your going to lose your deposit anyway so you might as well take advantage and use the cash offered to find a new place where you will be all settled in by the time you deliver. If you want to be forcibly evicted in the end or to have to move nearer your delivery date and try to set it all up when your farther along then by all means refuse to leave. ITS about choices , you have a chance to make a wise choice that wont have any legal affect on your future ability to rent a home by accepting the offer.
  3. #3
    BL
    BL is offline Senior Member
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    Quote Originally Posted by preciiouz89 View Post
    cash for keys is a program that pays tenants (me in this case) to move out so they can sell the home. aparently they only give you 30 days to move and the money. i was reading on some websites & some consider me a "squatter". this is determined because i was "scammed" by someone who previously owned the home but no longer had ownership and has been charging me rent and the house has been going through foreclosure. the bank now has put the home on the market for sale as of 7-3-09 and real-esate agents have been coming to show the home not aware of my tenacy. today the bank sent out someone to explain what was going on and that this happens alot in my area. she said to give her a call and the bank would offer me money to move in a timely fashion if the house is clean. i havent signed anything or given her any information. im trying to find out if i deny the cash for keys and just dont contact them with any of my personal information will they just throw me out? or will they have to go through an eviction process? i do have a lease and i have reciepts and its clear to the bank and to anyone else that this isnt my fault so what are the laws defending me?



    aparently cash for keys is giving to renters to move out and fast and leave the place nice so the bank doesnt have to pay for it being cleaned and have to go through a lenghty eviction process.

    also i read that if i dont accept the money they have to give me a 90 day notice to vacate and if i ignore it they have to start the eviction process.

    how true is all of this? what should i do? should i contact a lawyer!?



    ALSO TO ADD TO THIS AWFUL SITUATUION I AM 25 WEEKS PREGNANT AND IM DU EIN OCTOBER, IVE SET UP THE BABY'S ROOM AND ETC. I DO NOT WANT TO MOVE. I PAY MY RENT!! IS THERE A WAY TO FIGHT THIS OR GET LONGER TIME? OR AT LEAST FINISH THE WHOLE LEASE OUT?

    im not a squatter. i didnt break in. i have a lease and ive been here over 2 months. im so sad this is happening i just really want to know whats the process for them to put me out or can i fight this?




    also here's a website i read about tenates living in foreclosed homes but im not sure if it applies to me.

    [url=http://dca.lacounty.gov/tsRentersInForeclosure.html]Renters in Foreclosure[/url]



    also i do know that im considered a tenant by the bank or else they would've never offered me cash for keys.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
    So ,what is the name of your State ?

    You provided a link ,but do not state where you are located . where ?

    Usually,yes the bank gives 90 days notice , but if I were you I'd find out if they are offering 3 months worth of cash for keys , and if so take it . If there's a security deposit ,negotiate that be also included .

    That should cover a new place to live and moving expenses, and some left to boot .
    Last edited by BL; 07-15-2009 at 09:28 PM.
  4. #4
    ecmst12 is offline Senior Member
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    You were not scammed unless the person you paid rent to never owned the home. If he owned it but it was going through foreclosure, it was legal for him to collect rent from you UNTIL the foreclosure was complete and he was no longer the owner. I see no reason that you would not be considered a tenant, ESPECIALLY if you have a lease.

    Since you have a lease, they now must honor your lease until it is up. You won't get money for moving if you wait till the end of your lease, and it will probably be easier to move now then with an infant, but the choice is yours. They can't (because of the new laws) make you move before your lease is up as long as you pay your rent.
  5. #5
    Cvillecpm is offline Senior Member
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    You need to take whatever money is offered and contact social services agencies for additional monies to obtain monies or housing assistance.

    The bank can throw you out. You are a squatter to them as your right to occupy was extinquished when your lease ended AND the bank took title to the property.
  6. #6
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Cvillecpm View Post
    You need to take whatever money is offered and contact social services agencies for additional monies to obtain monies or housing assistance.

    The bank can throw you out. You are a squatter to them as your right to occupy was extinquished when your lease ended AND the bank took title to the property.
    Actually OBAMA's programs have stopped that. She is a tenant and has rights.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  7. #7
    tranquility is offline Senior Member
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    While I believe the OP needs to be removed by legal process by the bank, the lease is no longer good.

    I don't have a cite, but a good way to understand the law is to know it is the rules on how people live together. Although not infallable, one way I try to understand it to think of how people can cheat if the rule is true.

    Here, imagine a husband and wife in a house owned by husband. Husband leases house to wife for 100 years at $1 a year. Husband stops paying mortgage. What result?

    Foreclosure is not a sale. The lease is junior to the mortgage lien. In some cases, long leases are recorded to show this fact and make this point obvious.
  8. #8
    DeenaCA is offline Member
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    As noted, federal law now affords renters in foreclosed residential properties a minimum 90 days notice to vacate (PL 111-22). State law no longer determines the rights of these tenants, although state/local laws will prevail if they offer additional protections or longer time periods.

    Additional information and sample letters are available at [url]www.nlihc.org[/url]. Of course, tenants may choose to accept cash for keys in lieu of the longer notice periods required by the new law.

    OP, you are not a squatter as long as the previous owner still held title to the property at the time your lease was executed. You may be entitled to remain in the property through the term of your lease, unless the new owner plans to occupy the unit.

    Regarding the last post (100-year lease at $1/year), the new law is not applicable if the "tenant" is an immediate family member, if the lease was not an "arms-length" transaction, or if the contract rent is substantially below market.
  9. #9
    tranquility is offline Senior Member
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    Learn something new all the time.

    (2) the rights of any bona fide tenant, as of the date of such notice of foreclosure--

    (A) under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject to the receipt by the tenant of the 90 day notice under paragraph (1); or

    (B) without a lease or with a lease terminable at will under State law, subject to the receipt by the tenant of the 90 day notice under subsection (1),

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