Please help me with my PS! Forum

[rylxvii]

This is my PS so far. It's short (i figured i would get only 5 minutes max from the admission officers anyways). Please let me know what you guys think!! Btw, this goes to T-14 and USC

ps removed for more revisions

[rylxvii]

oh btw, i am open to swapping as well.

[kublaikahn]

Or you could just post notice to vacate, wait five days, file a FED action in court (about$50), serve the tenant with notice (about $40), wait two weeks for a court date, wait another five days after getting the eviction order, and send the constable out (about $80 bucks). The legal way is usually safer. I'd be careful about explaining to lawyers about your extra-judicial processes.

[rylxvii]

that could work if the occupants are actually "tenants." and constables do not handle foreclosure evictions (at least in nevada). oh, and foreclosure is normally handled in civil court which takes about a month to get a court date and a month after that to actually get to court, and even if you "win" the court case, the judge still can't grant you a sure way of foreclosure eviction because constables do not handle those cases here (again, that's the case in nevada, not sure about anywhere else). other than that, how's my ps? and thanks for the comment

[kublaikahn]

that could work if the occupants are actually "tenants." and constables do not handle foreclosure evictions (at least in nevada). oh, and foreclosure is normally handled in civil court which takes about a month to get a court date and a month after that to actually get to court, and even if you "win" the court case, the judge still can't grant you a sure way of foreclosure eviction because constables do not handle those cases here (again, that's the case in nevada, not sure about anywhere else). other than that, how's my ps? and thanks for the comment

No, foreclosures are handled by a trustee sale (according to your PS, although a bank could, and on rare occasions does, do a judicial foreclosure.) When you own a property and someone is in it unlawfully, you can file a Forcible Entry and Detainer action, regardless of whether you want to call them a tenant or not (they are, but their tenancy is unlawful). If they weren't a tenant, they would be a trespasser and you would not even need a court order. Constables do handle evictions in Nevada. There is no such thing as a foreclosure eviction. When the court orders an eviction, the tenant has 5 days to leave or the sheriff can be brought in to forcibly remove them, period. You are talking out of your ass.

Further, Nevada has a streamlined "no cause" eviction process that does not allow for trial or discovery. It is a simple and fast hearing. If the evictee was an owner and had no lease this is the path you would take.

You may also realize that under federal law if the tenant has a valid lease at market rates they can continue on the lease for the remainder of the lease up to one year. If they are holdover or month-month, they have 90 days. So long as they are current on their lease. If you are using your extra judicial process to manipulate these people away from their legal right, you are breaking a federal law.

[rylxvii]

no offense, but i was just wondering what your credential is for talking about nevada foreclosure law...i am 100% sure you are wrong. i work reo's and have been to civil eviction court for foreclosure (and normal pay or quit eviction court for that matter). do me a favor and read the first paragraph here: http://www.clarkcountynv.gov/Depts/cons ... ocess.aspx

and as far as considering illegal occupants "tenants" or "trespassers," you simply just cannot do it in court. you can try, but i am 100% sure the judge will deny your shit due to illegal procedure (i have seen people try to do what you are suggesting just about every single time i go to court). and btw, in case you are trying to do it here in vegas, what you are suggesting is illegal lockout and that could potentially put you in jail. lastly, no sheriff in las vegas = ).

sounds like you are taking this personally. Again, thanks for the reply.