How to Evict on foreclosures

[Mauricio Perez]

I have a property that I already repossessed through a foreclosure, but the previous owner does not want to move.  I have repossessed the property  five months ago and he does not want to move out.  Any advice on how to evict him? or any legal recommendations in Texas. 

[Will Fraser]

It should be a pretty simple eviction if needed.

First, make sure you have properly notified the tenant (former seller) that their lease is ending OR that they are violating the terms of their tenancy (which would be a tenancy at will if you don't have anything written.  Check out the TX protocols for this type of tenancy and give proper notice).

IF they do not respond to this proper notice then you'd go to your county courthouse and get the ball rolling forward for an evcition.

[Marty Boardman]

I just went through this process in Arizona. I bought the property and gave the owner 30 days to move out. Fortunately, I held back $20,000 until she provided occupancy. She refused to leave so I kept those funds and then had her evicted. It was simple and straightforward. The county constable showed up and forced her to leave. I had to wait 14 days for her to come back and get her stuff (which she never did) so now I'm in the process of cleaning out the house.

I'm sure there are some subtle differences to the law in Texas, but the previous owner of your property is now a squatter (at least that's what the legal term in Arizona is). Contact a local eviction attorney and get process started ASAP.

Good luck Mauricio!

[Malkia Ra]

Quote from @Marty Boardman:

I just went through this process in Arizona. I bought the property and gave the owner 30 days to move out. Fortunately, I held back $20,000 until she provided occupancy. She refused to leave so I kept those funds and then had her evicted. It was simple and straightforward. The county constable showed up and forced her to leave. I had to wait 14 days for her to come back and get her stuff (which she never did) so now I'm in the process of cleaning out the house.

I'm sure there are some subtle differences to the law in Texas, but the previous owner of your property is now a squatter (at least that's what the legal term in Arizona is). Contact a local eviction attorney and get process started ASAP.

Good luck Mauricio!

It's mindboggling that a seller would forfeit any amount of money held from the sale, rather than move on.  $20k and left all of her things behind?  Sheesh.

[Greg H.]

In Texas the process in simple.  It is the same as a regular eviction except you are just bringing suit for possession as opposed to possession and rent.  Why have you let this go on for 5 months?

[Chris Seveney]

@Mauricio Perez

Get an attorney and evict

[Eliott Elias]

You should have put him on a lease and post a eviction notice the day he refused to leave. Every  county is different, call the county and ask what the procedure looks like 

[Marty Boardman]

Quote from @Malkia Ra:

Quote from @Marty Boardman:

I just went through this process in Arizona. I bought the property and gave the owner 30 days to move out. Fortunately, I held back $20,000 until she provided occupancy. She refused to leave so I kept those funds and then had her evicted. It was simple and straightforward. The county constable showed up and forced her to leave. I had to wait 14 days for her to come back and get her stuff (which she never did) so now I'm in the process of cleaning out the house.

I'm sure there are some subtle differences to the law in Texas, but the previous owner of your property is now a squatter (at least that's what the legal term in Arizona is). Contact a local eviction attorney and get process started ASAP.

Good luck Mauricio!

It's mindboggling that a seller would forfeit any amount of money held from the sale, rather than move on.  $20k and left all of her things behind?  Sheesh.

Yes it's difficult to understand. We did everything we could to convince her to move out. We brought her moving boxes, tape. My assistant even took her out to look at apartments but she still would not leave.

[Greg H.]

Quote from @Eliott Elias:

You should have put him on a lease and post a eviction notice the day he refused to leave. Every  county is different, call the county and ask what the procedure looks like 

 You cannot just put someone on a lease nor does there need to be a lease in place to evict.  A lease is an agreement between 2 parties.  

[Eliott Elias]

Quote from @Greg H.:

Quote from @Eliott Elias:

You should have put him on a lease and post a eviction notice the day he refused to leave. Every  county is different, call the county and ask what the procedure looks like 

 You cannot just put someone on a lease nor does there need to be a lease in place to evict.  A lease is an agreement between 2 parties.  

I'm explaining best case scenario what should have happened. Sure is, thanks for stating obvious 

[Greg H.]

Quote from @Eliott Elias:

Quote from @Greg H.:

Quote from @Eliott Elias:

You should have put him on a lease and post a eviction notice the day he refused to leave. Every  county is different, call the county and ask what the procedure looks like 

 You cannot just put someone on a lease nor does there need to be a lease in place to evict.  A lease is an agreement between 2 parties.  

I'm explaining best case scenario what should have happened. Sure is, thanks for stating obvious 

So the only obvious I pointed out was that you do not know what you are talking about.  In this case the previous owner is a Tenant at Sufferance and I point out the process above.  Getting them to sign a lease solves nothing so there is no best case.  Now I feel I need to add that I hold a fellow Realtor to a higher standard and some of your posts here are dubious to be kind

[Eliott Elias]

Quote from @Greg H.:

Quote from @Eliott Elias:

Quote from @Greg H.:

Quote from @Eliott Elias:

You should have put him on a lease and post a eviction notice the day he refused to leave. Every  county is different, call the county and ask what the procedure looks like 

 You cannot just put someone on a lease nor does there need to be a lease in place to evict.  A lease is an agreement between 2 parties.  

I'm explaining best case scenario what should have happened. Sure is, thanks for stating obvious 

So the only obvious I pointed out was that you do not know what you are talking about.  In this case the previous owner is a Tenant at Sufferance and I point out the process above.  Getting them to sign a lease solves nothing so there is no best case.  Now I feel I need to add that I hold a fellow Realtor to a higher standard and some of your posts here are dubious to be kind

 Evicting someone with a lease is a lot easier than evicting without one. The sellers could state that they never agreed to leave after sale, taking advantage of the court system and legal fees. Let me add some real value here, if you still need help understanding this happy to hop on a call and teach you 

[Mauricio Perez]

Thanks Will Fraser.

Just to make it clear their is no lease, I was doing owner finance and he failed to pay. I went to the whole foreclosure process and now the house is under my name again. 

[Mauricio Perez]

Quote from @Eliott Elias:

Quote from @Greg H.:

Quote from @Eliott Elias:

Quote from @Greg H.:

Quote from @Eliott Elias:

You should have put him on a lease and post a eviction notice the day he refused to leave. Every  county is different, call the county and ask what the procedure looks like 

 You cannot just put someone on a lease nor does there need to be a lease in place to evict.  A lease is an agreement between 2 parties.  

I'm explaining best case scenario what should have happened. Sure is, thanks for stating obvious 

So the only obvious I pointed out was that you do not know what you are talking about.  In this case the previous owner is a Tenant at Sufferance and I point out the process above.  Getting them to sign a lease solves nothing so there is no best case.  Now I feel I need to add that I hold a fellow Realtor to a higher standard and some of your posts here are dubious to be kind

 Evicting someone with a lease is a lot easier than evicting without one. The sellers could state that they never agreed to leave after sale, taking advantage of the court system and legal fees. Let me add some real value here, if you still need help understanding this happy to hop on a call and teach you 

Thank you so much I will consider your help.

[Greg H.]

Quote from @Eliott Elias:

Quote from @Greg H.:

Quote from @Eliott Elias:

Quote from @Greg H.:

Quote from @Eliott Elias:

You should have put him on a lease and post a eviction notice the day he refused to leave. Every  county is different, call the county and ask what the procedure looks like 

 You cannot just put someone on a lease nor does there need to be a lease in place to evict.  A lease is an agreement between 2 parties.  

I'm explaining best case scenario what should have happened. Sure is, thanks for stating obvious 

So the only obvious I pointed out was that you do not know what you are talking about.  In this case the previous owner is a Tenant at Sufferance and I point out the process above.  Getting them to sign a lease solves nothing so there is no best case.  Now I feel I need to add that I hold a fellow Realtor to a higher standard and some of your posts here are dubious to be kind

 Evicting someone with a lease is a lot easier than evicting without one. The sellers could state that they never agreed to leave after sale, taking advantage of the court system and legal fees. Let me add some real value here, if you still need help understanding this happy to hop on a call and teach you 

 WHAT?  The previous owner was foreclosed on so they do not have the luxury of stating "they never agreed to leave".  I have no idea where you get your information but it is 100% false.  Again, they are a Tenant at Sufferance and can be remove by a simple eviction petition for possession.  

If this is an example of "real value", I think I will pass.  Again, Realtors should hold themselves to a high standard.  Additionally, as an agent I hope you are not giving your clients advice of this nature as it is a good way to lose it or wind up in a court room.  

[Joe Norman]

If this is your first time doing an eviction (which it sounds like it is) then the process is pretty simple:

1) get referrals for eviction lawyers

2) call those lawyers

3) hire one of them to handle it

Don't try to do this yourself the first time through, get a professional to assist. Good luck!

[Martin Herrera Jr]

Quote from @Mauricio Perez:

I have a property that I already repossessed through a foreclosure, but the previous owner does not want to move.  I have repossessed the property  five months ago and he does not want to move out.  Any advice on how to evict him? or any legal recommendations in Texas. 

Try to offer them cash to see if they’ll get out 

[Angela W.]

Quote from @Mauricio Perez:

I have a property that I already repossessed through a foreclosure, but the previous owner does not want to move.  I have repossessed the property  five months ago and he does not want to move out.  Any advice on how to evict him? or any legal recommendations in Texas. 

 Texas Attorney here. The eviction process is essentially the same whether you purchase the property at a foreclosure or landlord tenant eviction. Below is a quick summary of the process:

1. Post 3 day notice to vacate. I recommend sending it via certified mail, inside the property at the front door, first class mail, and hand deliver (if possible). This is overkill but tenants generally argue that they never received notice. 

2. After 3 days, file an eviction petition in JP court (small claims court). Attached proof of ownership aka the Title of Deed and Notice to Vacate. 

3. Serve the Tenant.

4. The court should provide you a trial date for you to argue. 

5. Rule of thumb. Never piss off the judge. Be respectful, dress business like and turn off your phone.

Good luck

- Angela Walter, Texas Attorney

[Angela W.]

Quote from @Angela W.:

Quote from @Mauricio Perez:

I have a property that I already repossessed through a foreclosure, but the previous owner does not want to move.  I have repossessed the property  five months ago and he does not want to move out.  Any advice on how to evict him? or any legal recommendations in Texas. 

 Texas Attorney here. The eviction process is essentially the same whether you purchase the property at a foreclosure or landlord tenant eviction. Below is a quick summary of the process:

1. Post 3 day notice to vacate. I recommend sending it via certified mail, inside the property at the front door, first class mail, and hand deliver (if possible). This is overkill but tenants generally argue that they never received notice. 

2. After 3 days, file an eviction petition in JP court (small claims court) against the tenant and all occupants. Attached proof of ownership aka the Title of Deed and Notice to Vacate. 

3. Serve the Tenant.

4. The court should provide you a trial date for you to argue. 

5. Rule of thumb. Never piss off the judge. Be respectful, dress business like and turn off your phone.

6. Once/if you win, after 5 days (the tenant has the right to appeal) file a writ of possession.

7. You will need to get the constable to serve the writ of possession. Constable will remove the tenant. 

8. You may need a moving truck and movers if the tenant's stuff is still in the property because you'll need to remove those things. 

Good luck

- Angela Walter, Texas Attorney

[Angela W.]

Another suggestion is cash for keys. Pay the tenant to get out so you don't have to deal with the eviction process. 

[Joehn B.]

Update? how is the eviction going?