3 Thoughts on texas forclosure-how long before you have to leave?
  1. Reply
    June 30, 2013 at 5:26 am

    probably never.

    many of those forced to leave have not made a payment in 1.5 yrs.

  2. Reply
    June 30, 2013 at 6:07 am

    This will vary widely from state to state and you should be consulting with an attorney with expertise in this field if your case has gone this far. The process in Massachusetts is as follows:

    1. When someone has taken your house at foreclosure they can send you a legal notice to leave the premises under a 72 hour notice.
    2. If you fail to leave after the 72 hours has elapsed the new owner must go to court to present his case before a judge that you should be evicted.
    3. At a hearing the judge will decide if you are to be evicted or not as well as how long you may stay in the house before you must go. Your willingness to pay rent will play a large role in granting more time.
    4. If the judge finds against you and you are unhappy with his ruling you have 10 days to appeal his decision.
    5. If you have been ordered evicted and you have not moved out on your own by the day designated by the court the new owner may obtain an execution of the eviction judgment which will give a sheriff the right to physically remove you from the premises.
    6. A sheriff gives you notice of the execution and as little as 48 hours to move.
    7. Anything left in the house is moved by the sheriff into storage, where you will have to pay fees to get it back, locks are changed, resistance at this point may subject you to arrest.

  3. Reply
    Brenda W
    June 30, 2013 at 6:19 am

    I’m an agent in Texas and from what I have observed, it depends on who it is servicing your loan. If it’s a servicer buried under a mountain of files to be foreclosed, it could be several months. It also depends on how systematic they are, in which case it may be three months before they begin the process. There is no definitive answer since those days of missing one payment = foreclosure is not the case in today’s world. Calling your servicer is the only one who has the right answer for YOU.

    Word to the wise: communicate, communicate, communicate. First, they want to know that you are in fact still living there. By that, you are letting them know the property has not been abandoned, and there is someone there to maintain the property. Then let them know your circumstance, and when they can expect a payment. Let them know you do not want to foreclose, and you are doing everything possible to prevent that. No mortgage servicer wants your house anyway, especially if there’s no equity or if upside down. They may even offer to modify your loan, which is a hit and miss as to whether or not that would be the way to go.

    If you were to go to http://www.auction.com, you’ll find there are properties getting sold out from under the owner with their families still living in the home, noting that it will be the responsibility of the buyer to evict the current resident(s). Not bad, considering if it’s an investor purchasing the property, he may possibly want to structure a lease for the family to remain in their house. Or the investor could offer a lease option offering the option to purchase the property back when they are willing and able to do so.

    Hook up with a real estate agent that specializes in distressed sales, more specifically short sales, and see if they can’t share with you options best suited to your situation. The agent with the CDPE designation is best. (CDPE is the acronym for Certified Distressed Property Expert.) A short sale may be the way to go. It’ll save you from foreclosing, something you definitely do not want to appear on your credit report. And with a short sale, you can remain living in the house while it is being marketed. Once a qualified buyer is found, at least then you’ll know exactly when you would need to be out and to plan accordingly.

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