Foreclosure Eviction Procedures in Texas
Texas foreclosures have to be followed up by an eviction if the current homeowners ignore all requests to leave the property before, during or after the foreclosure. The Texas eviction process for homeowners following a foreclosure sale is quite close to that used to evict tenants in a typical landlord-tenant situation.
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The Texas homeowner is subject to eviction as soon as the foreclosure sale completes, which is typically at the end of a three-month foreclosure period. The original homeowners may attempt to negotiate with the new owners or the lender if the house did not sell. Negotiation opportunities include getting more time to move out of the home, accepting cash for keys to leave the house without argument or signing a rental agreement with the new owner or bank. No Texas statute or law requires the new owner or lender to negotiate with the original homeowner.
Notice to Quit
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The current owner of the foreclosed Texas property may start the eviction process at any time following the foreclosure sale, but he does need to first deliver a notice to quit to the homeowners. This notice to quit gives the homeowners three days to vacate their home. At the end of this three-day period, the current owner may go to court and file the eviction lawsuit, called an unlawful detainer suit.
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Court Filing
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The current owner files the unlawful detainer suit in the civil court that has jurisdiction over the property location. A process server takes the summons to the homeowners. The summons includes a copy of the unlawful detainer suit, as well as a date for the hearing. Unless the current owner has taken illegal action to attempt to get the homeowners to leave, the case takes only one hearing and is ruled in favor of the current owner. A judgment is issued, and the homeowners have five days to vacate the property, unless told otherwise by the court.
Physical Eviction
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The final step in a Texas eviction occurs if the homeowners continue to reside in the home even after the order of eviction is issued. The current owner goes back to the court and files a writ of possession. This writ grants full possession of the property to the current owner and also authorizes a sheriff to go on the property and physically remove the homeowners, if necessary. Should the homeowners return to the property, they legally are considered to be trespassing.
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