Texas Post Foreclosure Eviction Process
In some foreclosure cases in Texas, the homeowners do not leave after the property has been foreclosed on and sold. Although the lender does get property possession transferred to the mortgage note holder or the new owners, he is unable to remove the original home owners without an eviction order.
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Negotiation
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The lender or new owner of the foreclosed home may not be interested in going through another court filing for an eviction. If possible, determine if the new owner or lender is interested in giving additional time instead of pursuing an eviction after the foreclosure sale has been completed. The lender or owner is not obligated to do this under Texas law and can immediately begin the eviction process.
Notice
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Texas statutes require that a 3-day notice to quit is sent to the former homeowner prior to eviction action being taken. This notice serves two purposes. The first is to inform the homeowner that eviction action is about to take place, and to get out of the home before the 3 days are up to avoid an eviction. The second is that the new owner or lender can avoid the eviction filing entirely if the former homeowner leaves in this period.
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Filing
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The new owner or the lender needs to go to a Texas civil court to file the eviction lawsuit. The eviction suit allows the new owner to get complete possession of the home, and the original owners no longer have any right to be on the property. In a post-foreclosure eviction hearing, the eviction should be concluded in a single hearing. The court issues the judgment as well as giving a set time for the former homeowners to leave the property.
Writ of Possession
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Should the homeowner continue to ignore the eviction judgment, a final piece of paperwork needs to be filed. The writ of possession is a document permitting a sheriff to come to the property and remove the former homeowners from it, as well as any property in the home. The writ can be filed for after the period of time that the court gives to the homeowners to move out expires.
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