Upcoming Foreclosures

Texas Foreclosure?

I am in forecosure and the house was sold on July 1, I just now got a flyer looking notice that I have 72 hours to contact the new owner or they will rekey the house. Is this a legal document? I have not recieved a eviction notice. I have been told it is a scare tactic. can I please get advice from someone who knows the laws or been through this? Thank you Owner has to give up house due to ARM loan and doubled mortgage payment Toni

Public Comments

  1. The new owners should provide notice and 30 days to vacate. however, they are the owners, and you are not a tenant but now an intruder. The law is on their side. The best thing to do is contact the new owners and discuss your needs and try to work out a do-able move out time. It this doesn't work, try a real estate attorney.
  2. Sorry you were a victim of some predatory loan.Do this now go to NACA.com. I am avaible for if you want.Good Luck.
  3. You are lucky, you were given some extra time, most foreclosure attorneys contact you as soon as the foreclosure occurs. Texas law requires that the current owner give you a 72 hour notice to vacate. If you do not vacate, they cannot re key, this is illegal. Their next step is to file a forcible detainer lawsuit with the Justice of the Peace Court where your property is located. They have to pay to have this done, roughly around $100 in most counties. You will be served by the constable and you will be given time to have a court date to make your case. Until this court date you cannot be evicted or forced to move out. If the JP rules in the Plaintiffs favor, you generally will be given five additional days to get out. If you do not get out by the fifth day, the plaintiff can file for a writ of possession. Once granted, the constable will contact you and give you notice again and usually will give you a courtesy notice to get out (usually 48 hours). If you are not out, you and your personal belongings will be put out on the curb. Good luck and reference the link I have provided for more detailed information.
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