At Eviction, placing the former owner's possession on curb

[b]At the eviction (TX), the person who foreclosed can indeed place the former owner's possessions on the curb. If that is done and the person just leaves the items there, how long must the new owner wait before hauling the items to the dump?
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Edited: 06/26/2010 at 04:29AM

Jim Watkins

Real Estate Coach · Dallas, Texas

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Jan 07 '08, 10:42 PM

Originally posted by "mac66"

[b]At the eviction (TX), the person who foreclosed can indeed place the former owner's possessions on the curb. If that is done and the person just leaves the items there, how long must the new owner wait before hauling the items to the dump?
[/b]

Your statement/question is a bit confusing.
When you say, " at the eviction," ... Do you mean when the Writ of Possession is served by the Constable?

Once the writ has been served, the Constable will tell you when you are able to move things from the curb. But pretty much, once the writ has been served and the constable leaves.. it is considered public property.
Oddly enough, I doubt you will have to move much of it because people come out of nowhere to pick thru it and take what they want.

Whatever you do... don't put things you like back in the house. While I guess you are able to do that legally.... its really a slimy thing to do.

Edited: 06/26/2010 at 04:29AM

Eric Foster

Real Estate Investor · Portland, Oregon

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Jan 07 '08, 10:54 PM

Personally, I would not put someone's stuff at the street... even if it were legal...

I would still " store" it somewhere, and give whatever required notice stating that it will be disposed of on ___ date. I also would make a good effort to make sure the people knew about this.

People who would " leave their stuff" also may be the people who would throw a chair through the window when they came back and found their stuff at the street.

What does it cost to " store" it in the garage for a bit? Nothing! Even if you have to put in storage locker for 30 days that might only cost you $100 (if it is only 1 truck bed full) and take it to a storage locker... And that would include the cost to pay someone to do it for you.

Heck I would offer to deliver it to them... within reason.

Probably cheaper than ANY damage they would do to the house...

Just my 2 cents...

Edited: 06/26/2010 at 04:29AM

Jim Watkins

Real Estate Coach · Dallas, Texas

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Jan 07 '08, 11:48 PM

EricFoster" ]Personally, I would not put someone's stuff at the street... even if it were legal...

I would still " store" it somewhere, and give whatever required notice stating that it will be disposed of on ___ date. I also would make a good effort to make sure the people knew about this.

I agree with you 100%.
In this case, we are talking about the final stage of an eviction. Letters/notices have already been sent at that point and the Constable personally serves the previous owner with the 24-hour notice to vacate.

What happens on the day the writ is served (removing property from the house), the Constable will order the movers/labor to place the contents of the house at the curb and work back towards the house.
If the person is there at that time, the constable will tell them to stay out of the house and out of the way (most people stand by their things).
Its when the previous owner is not home... that everything will be public property and people walk off with it.

The purpose to all of this (thread question) is what happens or can happen once the eviction is carried out and completed by the Constable.

Edited: 06/26/2010 at 04:29AM

Eric Foster

Real Estate Investor · Portland, Oregon

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Jan 07 '08, 11:59 PM

Yea I understood...

I wanted to add the part about bribing them... That has always worked well for me...

Wow... that is tough... In Oregon that's not the way it works... New meaning of " kick em to the curb" ...

That explains it... When I have been to other cities and states, while driving around it looked like they were having a lot of "curbside" garage sales going on... LOL

Take care!

Edited: 06/26/2010 at 04:29AM

Brandon Schlichter

Residential Real Estate Agent · Circleville, Ohio

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Jan 18 '08, 05:14 PM

I've been in plenty of REO properties, after the eviction in which the occupant/owners were NOT allowed to get posessions.

Having said that ,not every one of them had damage, some did, but that was caused BEFORE they had even left the property.

The tennants/owners have had plenty of time to know what was going to happen...Heck , most owners use it sort of a spring cleaning time, leave the junk you don't want and go.

As previous posters have said, once it's at the curb, it doesn't stay there long.

Edited: 06/26/2010 at 04:33AM

Veloz Zypher

· Birmingham, AL

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Feb 09 '08, 05:54 AM

I am in Alabama and our state has the same process; the deputy will watch you put it at the curb.

Same as above, as soon as the Sheriff's Deputy leaves it is public property.

Although they do usually request that you give the previos owner 24hrs to come get it before you haul it off.

Usually by then people have come by and helped themselves to a lot of it.

Edited: 06/26/2010 at 04:40AM