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04-08-2009, 09:12 AM
| | Junior Member | | Join Date: Apr 2009
Posts: 9
| | | Co-Borrower Is Trying To Evict Borrower's Son What is the name of your state (only U.S. law)? NV
The co-borrower is trying to evict me (the mom's son) from the house. I am 21. There are two senior citizens living here, including me, my mom, the co-borrower (my uncle) and his wife. They have been harassing me for months by making smoke alarm beeps while I'm sleeping, kicking the door, moving at door on the first floor which causes a very loud noise (I'm on the second floor.) to the point where I'm sleep talking. They gave me the following letters saying: Quote:
3 day notice to quit premises
...
You are being served with this notice to quit the premises for the following reasons:
Loud noise awakening senior citizens running water all day on purpose nuisance
...NRS 40.280...
Served: 04/06/2009
By: R. Rodriguez P# 927*
Deputy Constable, Las Vegas Township
Las Vegas Township Constable.
| Quote:
3 day notice to quit premises
As the tenant of the above described property or premises, you are hereby required to pay to the landlord or agent the amount of rent now in default.
Your final date and time for action is at or before noon on the business day before: 04/14/2009
Rent Owed: $9,000.00
Late Fees: $450.00
Total Amount Now Due: $9,450.00
Dated: 04/03/2009
His Name
Landlord
...NRS 40.280...
Served: 04/06/2009
By: R. Rodriguez P# 927*
Deputy Constable, Las Vegas Township
Las Vegas Township Constable."
| What should I do? | 
04-08-2009, 01:01 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote:
Originally Posted by eeeee What is the name of your state (only U.S. law)? NV
The co-borrower is trying to evict me (the mom's son) from the house. I am 21. There are two senior citizens living here, including me, my mom, the co-borrower (my uncle) and his wife. They have been harassing me for months by making smoke alarm beeps while I'm sleeping, kicking the door, moving at door on the first floor which causes a very loud noise (I'm on the second floor.) to the point where I'm sleep talking. They gave me the following letters saying:
What should I do? |
**A: who is on title to the property and why has the rent not been paid? | 
04-08-2009, 02:28 PM
| | Junior Member | | Join Date: Apr 2009
Posts: 9
| | Quote:
Originally Posted by HomeGuru **A: who is on title to the property and why has the rent not been paid? | How do I find out who is on the title to the property? She is listed as the borrower and he is listed as the co-borrower. The checked whitepages.com and he and his wife are listed.
I have a paper from Countrywide stating:
"My mom, an unmarried woman, and my uncle, married man as her sole and separate property, all as joint tenants.
Borrower is the trustor under this Security Instrument,
(C) "Lender" is
COUNTRYWIDE BANK, FSB
Lender is a
FED SVGS BANK"
I do not pay rent. | 
04-08-2009, 02:35 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 8,280
| | | Again, we ask, who is the owner of the property (who is on the deed)? Being liable to the mortgage doesn't, in itself, give you property rights. | 
04-08-2009, 03:19 PM
| | Junior Member | | Join Date: Apr 2009
Posts: 9
| | Quote:
Originally Posted by FlyingRon Again, we ask, who is the owner of the property (who is on the deed)? Being liable to the mortgage doesn't, in itself, give you property rights. | My previous quotation was a statement taken from the second page of a 15 page packet, the title of the first page being "DEED OF TRUST" in bold letters. | 
04-08-2009, 03:48 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote:
Originally Posted by eeeee My previous quotation was a statement taken from the second page of a 15 page packet, the title of the first page being "DEED OF TRUST" in bold letters. | **A: still confusing but if you are NOT on title, you can be evicted as you have no property ownership rights. You are a tenant only. | 
04-08-2009, 04:06 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 8,280
| | | The DEED OF TRUST is the security instrument for the mortgage.
We need to know who is the owner of the property.
Take all the papers you have to a lawyer, your self-help isn't working.
\ | 
04-08-2009, 04:08 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | | Ain't that the truth. | 
04-08-2009, 06:36 PM
| | Junior Member | | Join Date: Apr 2009
Posts: 9
| | Quote:
Originally Posted by FlyingRon The DEED OF TRUST is the security instrument for the mortgage.
We need to know who is the owner of the property.
Take all the papers you have to a lawyer, your self-help isn't working.
\ | Yes, the last page quotes:
"STATE OF NEVADA
COUNTY OF CLARK
This instrument was acknowledged before me on 5/13/09 by my mom; my uncle."
And the Uniform Residential Loan Application page states:
Title will be held in what Name(s):
My mom and my uncle." | 
04-08-2009, 07:02 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 8,280
| | | I don't know how much plainer I can put this.
Everything you have provided indicates who is on the mortgage.
You've not told us who owns the property.
They are not the same thing. | 
04-08-2009, 07:35 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote:
Originally Posted by FlyingRon I don't know how much plainer I can put this.
Everything you have provided indicates who is on the mortgage.
You've not told us who owns the property.
They are not the same thing. | **A: I see another dizzying round up ahead. | 
04-08-2009, 08:55 PM
| | Junior Member | | Join Date: Apr 2009
Posts: 9
| | Quote:
Originally Posted by FlyingRon I don't know how much plainer I can put this.
Everything you have provided indicates who is on the mortgage.
You've not told us who owns the property.
They are not the same thing. | My mom and my uncle own the property. | 
04-08-2009, 08:58 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Then read my post: Quote:
Originally Posted by HomeGuru **A: still confusing but if you are NOT on title, you can be evicted as you have no property ownership rights. You are a tenant only. | | 
04-08-2009, 09:00 PM
| | Junior Member | | Join Date: Apr 2009
Posts: 9
| | Quote:
Originally Posted by HomeGuru Then read my post: | I never signed a contract to pay rent. And the house has been in default to the mortgage company for 5 months. Can my mom evict the senior citizen and her adult son?
Last edited by eeeee; 04-08-2009 at 09:04 PM.
| 
04-08-2009, 09:03 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | Quote:
Originally Posted by eeeee I never signed a contract to pay rent. And the house is in default. Can my mom evict the senior citizen and her adult son? | **A: yes, provided your uncle, the other co-property owner agrees. | |
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