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[honi]

The home we are renting in Nevada was sold via auction in July, 2010. 4 days after the sale we received a notice stating that Fannie Mae had repurchased the property. We immediately contacted the real estate agent listed on the notice. He took our names and numbers and said he would get back to us. After a week, we called again. Again he said he would get back to us. A week later he finally calls with a "cash for keys" offer. We declined and made a counter offer. Went back and forth a few times with them and came to no agreement.

We decided it might be in our best interest to try and sign a lease with Fannie Mae, as we have been thinking about relocating out of state closer to family in about a year. We contacted the agent again stating our wishes. Again, we waited and called many times to try and find out an answer. Finally he calls telling us that Fannie Mae will be contacting us regarding this. ONE week later, we receive a 60 day notice to vacate from a law firm in California.

We attempt to contact Fannie Mae NUMEROUS times over the next several weeks, leaving message after message, getting nowhere. Finally someone helps us and gets us in touch with a different real estate agency. Now we wait for her to get back to us. We finally fill out an appljcation for a lease agreement. Then she calls and tells us how much they want in rent. They won't budge on the price and it's not worth that anymore in this area. I've found several more in our area for the price they're quoting with 400-500 more square footage and better amenities.

Now, my question is this.........
The new federal law states we are suppose to receive a 90 day notice to vacate. Since they only sent a 60 day notice can I fight it somehow and make them re-file it? Also, Nevada law states that notice to vacate must be served either in person, posted in a conspicuous place at the dwelling OR via certified mail. We received it in our mailbox. The 60 days is up Nov 2nd. (they timed that perfectly huh)

[piaras91]

They must follow state law and they do not have personal jurisdiction over you unless they serve notice legally.

[sceley]

The 90 days is 90 days from the foreclosure date. You count 90 days from the date in July, not whatever date you have in your head.

It also requires that you pay rent, which you are refusing to do. You can't fight this, you have no right to just live in their property for free.

[gwynethpaltrow8]

contact a lawyer

[demarco]

You need to read that law very carefully. It does not require that you get any sort of 90 day NOTICE to vacate. It merely indicates that you MUST get at least 90 days after the foreclosure days to move out. The notice required is that provided by your state's laws. If you have received that 60 day notice, then you need to be out according to the notice.

[chika]

You know what to. You know the law. Don't get caught up in there game. Just cover your bases. Be secure in what's legal. That's one thing you have that they don't. You will smash them and strike them down. Focus on your strengths and act accordingly.

[alleyne]

You know what to. You know the law. Don't get caught up in there game. Just cover your bases. Be secure in what's legal. That's one thing you have that they don't. You will smash them and strike them down. Focus on your strengths and act accordingly.

Far to many people still do not know about the federal law or are hoping that the tenants don't. The bad news is that there is not much defense against it. They are required to follow the notification laws for your state. It is common for those kind of mistakes to happen when they use an out of state firm that may not know the correct states laws.

The best I can suggest is to print out the federal law, high light the required 90 days notice and send that to them with a copy of NV notification laws. You may also want to consult a local real estate lawyer.

Federal law: http://www.tenantstogether.org/downloads/S.896RenterProtections.pdf

EDIT: Upon re-reading this there is a bit of a gray area here.

It can be argued that Fanie May is a new owner & that voids the required 90 days notice. Once a foreclosed property is sold it is no longer covered by that federal law. As a new owner they only had to give you 30 days notice.

You realy need to talk to a real estate lawyer & see if they are considered a new owner or not.

EDIT: Direct quote from the law "subject to the receipt by the tenant of the 90 day notice". It clearly states a notice must be served.

[bothan]

You are a bit misguided here, you are given 90 days as a tenant to move, not 90 days notice.

Well, now that you have squandered your 60 days, you are quite a pickle here. It is my understanding that you have been given notice, you were offered a cash for keys, and your clock has been running since paragraph #1 here.

Fannie Mae does not want to be in the rental business, they want to sell the asset. I have heard on rare occasion that they will rent to the current tenant, but it is rarity, and since this is not Burger King and you wanted it your way on the cash for keys and the lease, you are going to be evicted.

I would strongly suggest you start looking for a place to live. I know you think you know the law and that you know what you are doing, but it is far too late to try to fight this now, you tried, you were not successful, and now you need to move. Waiting until the local law enforcement, locksmith and Realtor show up to evict you is not the way to go, and it is coming, probably sooner than you think.

[gedalyahu]

I believe that when there is a new owner of the property after foreclosure, the new owner of the property is now your landlord. Your old lease has been terminated. They could have given you a 30 day notice. Now you must move. If you do not move they will start an eviction action. Then you will have to go to court to fight their action. If they win, you will have to pay for another two month's rent and court costs. You will also have an eviction on your record. Do you really want to take it this far?

[boyce]

This is gonna be tedious, as all legal matters seem to be, but have a look here: http://www.leg.state.nv.us/NRS/NRS-107.html#NRS107Sec087

You'll need to follow the links and read very carefully. I took a look but didn't immediately see what the provisions are for property in Nevada that is owned by someone in California. You can also look here: http://www.foreclosures.com/state-foreclosure-laws/ and do a web search for state foreclosure laws. I think in California you only need to give a 60-day notice.