Notice to vacate premises

[KevinG87124]

What is the name of your state (only U.S. law)? New Mexico

Our home was auctioned after a foreclosure in August. We received a letter (cash for keys) and met with a representative yesterday, 11/2. We asked for clarification on the cash for keys offer and we were to hear back from the rep today (11/3). We did not hear from him, but a few minutes ago someone taped a "Notice to vacate" on our door at 8:10pm.

#1, we had an offer which allowed us to leave 12/15/17 which we were waiting to hear about. #2, it states if we do not leave in 3 days from today they will file "an action for forcible detainer".

Should we not have the option to accept the offer presented to us? Also, if we do not leave in three days, what does the action of forcible detainer mean?

Thank you.

 

[adjusterjack]

Should we not have the option to accept the offer presented to us?

It has apparently been rescinded.

Also, if we do not leave in three days, what does the action of forcible detainer mean?

Eviction through the courts and eventually put out on the street by the sheriff if you don't leave when the judge orders you to.

 

[LdiJ]

What is the name of your state (only U.S. law)? New Mexico

Our home was auctioned after a foreclosure in August. We received a letter (cash for keys) and met with a representative yesterday, 11/2. We asked for clarification on the cash for keys offer and we were to hear back from the rep today (11/3). We did not hear from him, but a few minutes ago someone taped a "Notice to vacate" on our door at 8:10pm.

#1, we had an offer which allowed us to leave 12/15/17 which we were waiting to hear about. #2, it states if we do not leave in 3 days from today they will file "an action for forcible detainer".

Should we not have the option to accept the offer presented to us? Also, if we do not leave in three days, what does the action of forcible detainer mean?

Thank you.

Was this a home owned by you or a home you are renting? If its a home you are renting are you on a fixed term lease or month to month? If you are on a fixed term lease when does the lease end? If you were not on a fixed term lease were you ever given notice to move out within 30 or 60 days?

The notice to vacate may or may not be proper (they may have skipped a necessary step or two) depending on the answers to the above questions.

 

[justalayman]

Was this a home owned by you or a home you are renting? If its a home you are renting are you on a fixed term lease or month to month? If you are on a fixed term lease when does the lease end? If you were not on a fixed term lease were you ever given notice to move out within 30 or 60 days?

.

do you have any support to show any of that is applicable to a foreclosure in New Mexico?

 

[LdiJ]

do you have any support to show any of that is applicable to a foreclosure in New Mexico?

We do not know if the OP owned the home and was foreclosed upon, or if the OP was a tenant of the owner of a home that was foreclosed upon. If the OP owned the home then its one thing...if they did not, its potentially another.

 

[justalayman]

We do not know if the OP owned the home and was foreclosed upon, or if the OP was a tenant of the owner of a home that was foreclosed upon. If the OP owned the home then its one thing...if they did not, its potentially another.

Again I ask; do you have any support that any question you asked is relevant whether it be owner occupied or tenant occupied?

I find no support that any question you asked makes any difference in either scenario.

 

[Just Blue]

We do not know if the OP owned the home and was foreclosed upon, or if the OP was a tenant of the owner of a home that was foreclosed upon. If the OP owned the home then its one thing...if they did not, its potentially another.

Sooo. What can you provide LEGALLY for the one thing or the other?

 

[LdiJ]

JAL, are you attempting to say that tenants in a foreclosure situation have no rights if they have a fixed term lease or a right to notice if they do not? That the new owner can go straight to a 3 day notice and then to court for an eviction? Because that has to be what you are saying if you insist that my questions are irrelevant.

 

[justalayman]

JAL, are you attempting to say that tenants in a foreclosure situation have no rights if they have a fixed term lease or a right to notice if they do not? That the new owner can go straight to a 3 day notice and then to court for an eviction? Because that has to be what you are saying if you insist that my questions are irrelevant.

In New Mexico, yes, that is precisely what I’m saying. While I could be wrong, I have found nothing to provide a tenant with any notice greater than the owner occupied unit would be afforded.

If you can find something different, then please post it as I hate being the bearer of such horrendous news to the op if they are in fact tenants. If they are owners, then I don’t feel so bad as they were aware of the activities taking place.

 

[Zigner]

C'mon, they weren't tenants. You know it, I know it, and everyone else knows it.

Just admit you're wrong and move on.

 

[LdiJ]

C'mon, they weren't tenants. You know it, I know it, and everyone else knows it.

Just admit you're wrong and move on.

Former owners are not normally given "cash for keys" offers therefore that rises to the issue that they might be tenants. However, if they are owners that might explain why the "cash for keys" offer was apparently rescinded. Had everyone just been patient and waited for them to answer my questions it might have become apparently exactly who they were without the need for any bickering.

 

[justalayman]

Former owners are not normally given "cash for keys" offers therefore that rises to the issue that they might be tenants. However, if they are owners that might explain why the "cash for keys" offer was apparently rescinded. Had everyone just been patient and waited for them to answer my questions it might have become apparently exactly who they were without the need for

Owners are not precluded from cash for keys. It’s often a smart move by the lender to prevent damage by the occupant. There have been many in incidents of the now displaced owner stripping the home to reclaim what they think the bank took from them.



Since it’s a weekend I suggest the op start a serious hunt for accomdstions and contact the owner ASAP Monday morning

And most tenants will state something like;

Our landlord lost our home to foreclosure or something else that refers to their landlord. Given the op stated they lost their home to foreclosure in August, I suspect it is the owner as well. Even if not, whether they be owner or tenant, it would appear they have had adequate notice to take action before this latest action given they were aware of the conclusion of the foreclosure process in August.


And I wasn’t bickering. Since I can find no support any question you asked would make any difference regardless of whether they are owner or tenant, I was simply trying to shorten the ultimate statement of;

It’s time for the op to leave the home or it could result in forcible removal in a very short time. If they want their personal property set at the curb to be picked over by neighboring residents and passers by in their cars, they would be better served by leaving in a manner that allows them to put their personal property in a safe place.

 

[Zigner]

Former owners are not normally given "cash for keys" offers ...

It happens all the time - here are a few from the first Google page when I searched.


https://www.thebalance.com/cash-for-keys-1798485
http://www.borowitzclark.com/cash-for-keys-in-california/
http://www.homeownership.org/cash-for-keys/
http://blog.amerihopealliance.com/blog/can-cash-for-keys-work-for-me
https://www.sapling.com/4916835/cash-keys-bank-foreclosed-home
http://www.uniformlaws.org/shared/docs/mortgage%20foreclosure/6_2012may17_RREMFPP_Cash%20for%20keys%20memo_Smith.pdf

 

[KevinG87124]

To be more clear, we were the homeowners. The house was foreclosed on in August. We were offered cash for keys, though it was not titled as such on the paperwork we were given. It was just titled "relocation assistance". The term cash for keys was also used verbally.

Sorry for any confusion.

 

[PayrollHRGuy]

You should have taken the money and left.

Now you just need to leave.