Texas Foreclosure & Eviction Laws
The Texas foreclosure procedure provides a way for a lender to repossess a property if a homeowner falls behind on payments. Although the lender takes possession of the property once the foreclosure is complete, he still has to go through the eviction process in order for the homeowners to be ordered to leave.
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Pre-Eviction
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The current owner (a lender or a new owner) of the foreclosed property has the option to immediately file an eviction action once the foreclosure sale is complete. However, the original homeowner may be able to ask for more time or arrange a rental agreement for the home, instead of being forced out through eviction; although, this opportunity is not always an option.
Termination Notice
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As the original homeowner no longer owns the house, he is holding over in a property that he has no right to live in. Texas eviction law requires that the current owner of the property sends the homeowner a notice to quit. The notice lets the homeowner know about the impending eviction action as well as giving him three additional days to leave the house.
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Unlawful Detainer
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An Unlawful Detainer is the specific lawsuit used in Texas. This lawsuit seeks to transfer full legal possession of the property to the owner by ousting the original homeowners who no longer own their house. The current owner files the eviction complaint, explaining the circumstances of the eviction, and arranges for a process server to give the homeowner the summons. A hearing date is set, usually within 10 days of the summons.
Eviction
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A successful lawsuit on the part of the current owner results in an order of eviction being granted. An order of eviction is not the same as a physical eviction. Instead the owner does get full legal possession, but the homeowner has a set amount of time to leave. After this time period, the owner files a Writ of Possession to have the eviction order executed with the help of a sheriff.
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