How does an eviction in Texas work?
a foreclosure, any residents still living in the home will
more than likely be evicted, rather they were the homeowners
or tenants living on the property. In some situations, the
new property owner may allow a new lease with the tenants
on the property, but many times the new owner will want to
use the property as an investment and try to sell or live
foreclosure only changes the ownership of the property to
the highest bidder in the foreclosure auction. In and of itself,
it does not force a person to move out of a home. So does
that mean that you should remain in your home after foreclosure?
Not unless you want to deal with an eviction after going through
a foreclosure. If you refuse to move and the new owner wants
you out, it is only a matter of time before you are once again
in court. And this is an eviction case that there is just
no chance of winning.
a more positive note, a tenant living in the home should get
at least thirty days notice in writing from the new owner
before being required to be off the property. If this is the
case, the tenant must be making payments and making them on
time in order to have rights to stay on the property for the
thirty days or until the new owner gives proper notice. Occasionally,
a lender will offer the tenant money to move out in order
to avoid the hassle and cost of eviction.
though you may not be willing to brave the eviction process,
and wisely so, you may still want to know how it works and
what the new owner must do in order to complete a successful
eviction. Written notice has to be given to the residents
of the home beforehand. The legal requirement is for the person
filing the eviction to wait at least three days after notice
is given to the resident before filing the suit and then the
suit must be filed in the county where the property is located.
Once the suit has been filed, a Constable will serve the residents
with papers notifying them that they are being evicted and
a the tenant or resident has a set period of time, usually
less than a week, to respond. The court hearing will be held
at the Justice of the Peace office and the owner only has
to prove that he/she has rights to the property.
the residents still refuse to move, the judge may issue a
Writ of Possession. The sheriff or constable will then post
a notice that residents have twenty-four hours to vacate the
property. After the twenty-four hours, the law officer will
physically evict the residents by removing their belongings
and turning the property over to the owner. If the weather
is poor, personal belongings may not be placed outside, but
usually law officers will wait until a suitable time to evict