How do I take possession after tax sale in Texas?

Question

I purchased a townhouse at a tax sale in Dallas County in this month sale, the house appears to not been occupied, I driven by at night and never seen any lights on, however there is a vehicle parked there at night, I searched the licence plates and belongs to the previous owner of the house. My question is, how do I take possession of this property?

I have no experience on the process how to vacate.

I have no experience on the process  how to vacate.

Joseph B. Davisson · Answer

First step ask nicely.  Next ask nicely again and offer them $500 to get out without hassle or damage. Third, stop being friendly and demand they move.  Last and most proper, complete an eviction and the obtain a writ of possession executed by the constable through the justice court with jurisdiction. If the person in the dwelling is the former owner they could be considered a tenant at sufference. Regardless of what you call them, they are in possession and you need them to move. I just handled a similar situation for a client. Even if there is a redemption period as mentioned above, the former owner does not have the right to possess during the redemption period. Good luck.

Bruce Lynn · Answer

Orlando,

Can you give us an update?   Were you able to get them out?

Orlando Ordonez · Answer

Thanks everybody for the information, has been very helpful, I have learned a lot on this site.

Todd Plambeck · Answer

If you can get in to talk to them try and get some pictures to document the condition in case they decide to trash the place you can file vandalism charges against them.

ETA:

I would also suggest going to the JP court and filing an eviction action right away.  It'll take at least a week to get them served and you should beyond the "please leave" and cash for keys stage at that point.

Jeffrey H. · Answer

Owners in Texas have right to redeem for 2 years if this home is their homestead or 6 months if not.  They must pay your purchase price + actual repairs made (if any) + 25% to redeem.  It rarely happens.

If it's not the owner then it's either a tenant or a squatter - or maybe someone just likes parking there and doesn't live inside.  The above covered squatters, but if it's a tenant hopefully they're month to month and you can non-renew their lease and just see them out, but otherwise you can evict for non-payment of rent (whatever it may be) as they're likely to not pay you.  This could take time and will have to follow the county process.  If it turns out nobody is in there then you can hire a locksmith to get in and change the locks.

I wouldn't put any utilities for the property in your name until you figure out who is in there and are able to legally get them out.  When in doubt speak with your attorney.

Daren H. · Answer

I don't know the process of taking possession but I have to ask this question. Why did you buy the house without knowledge of how to take possession of it?

Sarah Ziehr · Answer

Get a really big and strong guy to go there and deliver the bad news.

Okay, but really- in most counties there are limits to how soon you may take over the property. Has the deed been recorded?

Tim Ball · Answer

Good question.  Does the owner have any right of redemption period?  If not, he is trespassing.  He is not your tenant, so I don't think you have to do an eviction notice.  I would think you can call the police and have him escorted out of the house or arrested if he does not want to go.  You may want to reach out to an attorney. Or wait for a more concise answer on here.  You could go knock on the door tomorrow and tell him that you are the new owner and he needs to get out.

How do I take possession after tax sale in Texas?

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