rednexlady, Renter in Belfair, WA

90 day notice is nearing it's end, if I stayed through the legal eviction how much longer would I have to remain in the rental home?

Asked by rednexlady, Belfair, WA Thu Mar 14, 2013

My landlord died and the bank foreclosed even though my long term lease, which doesn't end until 2017, states that in the event of his death I am allowed to buy. Bank would not honor lease, home went to auction and back to bank (Bank asked for $75,000 over what was owed and valued). Fannie Mae now has, they told me that I could buy but then served me with 90 day notice. I have 3 weeks until the 90 day notice is up and they start the legal eviction. I have a walkthrough form the landlord and I did prior to my moving in and the home was in disarray, I've since cleaned and repaired. There is still a lot I have not done but it is better than what the walkthrough form states. It is impossible to leave this home in broom swept condition and I worry that if I remain for Fannie Mae to do a legal eviction that I will have to pay for any damages etc. I am a disabled single mom and this has been my home for 7 years (It's also in my lease that is long term due to my disability).

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Maurice Thom…, Agent, Mathers, CA
Thu Mar 14, 2013
My suggestion would be to seek legal advice from a Real Estate lawyer. I can not help you as much as legal counsel. You also can reach out to local renter advocates.

This website might be helpful...
I have never used this organization but it looks like they have a good reputation. I suggest contacting them or a Real Estate Lawyer.

Thank you very much...
1 vote
Michael Magaw, Agent, Torrance, CA
Wed Mar 20, 2013
I agree with those below. You say you have a lease that does not end until 2017 and you have been in the property for 7 years. That is very unusual to have such a long term lease. It would not be practical to expect the bank to rent a property to you until 2017.
Have you been paying the rent to the landlord's estate since his passing? Have you been paying the bank since the foreclosure? If not, then you are not adhering to the terms of the lease.
If you wanted to own the home, then you should have looked at your options as soon as the owner passed. Waiting until the bank is forced to evict you may be a little late.
I don't know how you determined "what was owed and valued". You could have a Realtor or an appraiser determine the value, but the bank should not be disclosing what was owed. That is private information between the bank and the owner.
Either get pre-approved and try to buy the home or move out. The bank has the right to protect its interests.
You have already lived there 7 years. I don't think the bank would be interested in a 7 year old walk-through form.
If you are not paying rent (an assumption) and you wait for a legal eviction, then they will report it to the credit bureaus and they should be entitled to recover damages.
0 votes
Ed Favinger, Agent, Folsom, CA
Fri Mar 15, 2013
Dear Red...

As others have said, you either have to buy this home or move. It was suggested you get prequalified by a loan person if you'd like to buy.

If you are unable to purchase this home, you should look to move. Do not let an eviction on your record because it will be truly difficult for you to rent another home in the future.

It doesn't matter what you have done to the property in the form of improvements etc. The Lender has priority over your lease and as Bruce Slaton said, your long term lease is not the norm in the industry. I know this because we also have a property management unit in our business and a 1 year lease is pretty much the norm.

Anyway... I hope you find a place soon.. You only have 3 weeks.

I hope this helps....

Make it a Great Day...!
0 votes
Hello, , Leipsic, OH
Thu Mar 14, 2013
Do you want an eviction on your record?
0 votes
Bruce Slaton, , Elk Grove, CA
Thu Mar 14, 2013
A. How do you know what the value of the property is? How much the owner owed is irrelevant. B. Have you attempted to be qualified by the bank? How long ago did the owner pass on? Chances are you in my non attorney opinion did not take the steps to purchase the property at the time of his death so you would have to prove that you took the steps to purchase.

The other issue is the lease at market rate rental amounts. What happens is people come up with some of these "long term" leases right before a trustees sale and an attorney usually can invalidate them by asking if it was customary for you to have long term leases with this landlord etc, its appears this is the first one from the way I read it.

You would have to consult an attorney who could sort out the various documents and your actions to see if there is a legal remedy.

That's like saying "When I entered college they said I could graduate in 4 years but now they say I can't"....when in reality you didn't attend half the classes, got failing grades in others and enrolled in the wrong classes....there is an element of self responsibility. And I do say that with all respect to your situation.

The main focus you should have is going through a "legal eviction" means you went through an "eviction", this is on your rental record and they can assess damages such as daily rental rates etc up the date of your eviction trial.

My thoughts are you provided a copy of this lease to the banks representative who probably sent it to their eviction attorney who felt it was not a bona fide market rate lease.

Talk to an attorney, they are the only opinion that matters in your case

Best of luck
0 votes
rednexlady, Renter, Sacramento, CA
I know the value of the property because I had an inspection done. I know how much was owed because my landlord told me. My lease is bona fide, was signed in 2005 as a ten year long term lease. My landlord died in 2011 and I immediately went to the bank with copies of my lease, my option to buy, walkthrough forms etc. I went to the bank twice a month while they were doing the foreclosure and made phone calls nearly every day. The bank refused to acknowledge my right to buy and did the auction anyway. When Fannie Mae took over after the auction I was immediately told to vacate. After weeks on the phone with different people at Fannie Mae I was told that I could buy. The next day I was served with a 90 day notice. I have been on the telephone nearly everyday, have been prequalified for the loan, have the down payment in my savings account and have been here since 2005. Fannie Mae no longer will talk with me and if I need to hire an attorney it will take my down payment money.
Flag Thu Mar 14, 2013
Kylee Roe, Agent, Sacramento, CA
Thu Mar 14, 2013
Why don't you buy it? Then you'd not have to worry.

I am not an attorney, so can't give legal advice--seems to me if I had walk thru paperwork/documentation showing the home was in disarray when I moved in that the owner (bank or otherwise) could not hold me responsible for the condition of home when I move out--if condition is not worse.
0 votes
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