Eviction after Foreclosure

[Commander]

Does anybody know the process for eviction after foreclosure?

My girlfriend's ex-husband lost their former home to foreclosure. It was sold through foreclosure auction on the first Tuesday of March. The ex continues to live in the home and has not received any notice to vacate to date. At some point he will evicted and the items in the house placed on the curb as he is making no effort to pack or find another place to live. There are a number of things that remain in the house that my girlfriend would like to reclaim if possible. Is there any way to determine when the eviction will occur so she can be ready to rescue the items she wants from the curb? We thought that after almost two months, the process would have at least started.

[speedsix]

...we've been living with a run-down house across the street since Feb 2010...they moved out and it's still not through forclosure...the bank's representatives tell us it takes 22 months to forclose now...it may be in process for awhile and his being unwilling to leave will just prolong the process...they'll have to get a court order etc...

[Crossfire]

The county constable's office is usually the one responsible for physically removing someone in that situation. I would contact them and let them know. They should be able to tell you when it will happen.

[Commander]

...we've been living with a run-down house across the street since Feb 2010...they moved out and it's still not through forclosure...the bank's representatives tell us it takes 22 months to forclose now...it may be in process for awhile and his being unwilling to leave will just prolong the process...they'll have to get a court order etc...

The ex quit making payments almost two years ago and it's been moving through the legal process since then. I assumed that the foreclosure process was complete when the house was sold at auction on the Dallas County Courthouse steps.

From my research, the new owner is required to give him notice to vacate before eviction by the constable can occur.

Perhaps my question should be "How long does it take after a foreclosure sale for the new owner to take possession and demand he move?"

Once he receives notice to vacate, I think that I should be able to find out about the actual eviction from the Constable as Crossfire suggests. We just find it amazing that no action has occurred two months after the sale. You would think that the new owner (Bank or whoever) would want to take possession of the house in order to protect it and get it insured.

[SlickTX]

An eviction action (if he doesn't vacate peacefully upon demand) is usually processed through the JP court having jurisdiction in the location of the property in question. That could be another place that you could put in some sort of request for notice.

You may also contact the JP's office to ask about your request to see if there is some sort of claim that she can file against the personalty that she seeks. She may have to prove ownership, however.

[RoyGBiv]

Contact the new owner... Should be in the public records.
Tell him the situation and ask him to call you a day or so beforehand...

[Piney]

Contact the appropriate JP Court. If this situation requires a formal evection, there are specific time lines and notices. The Clerk should be able to provide informaiton on any processes that have been started.

[Commander]

We've checked the ownership through the Dallas County Central Apprasal District and it still shows the ex as the owner. Where else might we check? I suspect the Apprasal District's ownership information is not updated that frequently.

[RoyGBiv]

If nobody answers that question here.... I'd call any title company and ask them where to look for the change of title information..

[speedsix]

...when I worked for realtors a lot...all claims against a home were satisfied before the sale was completed...at closing all bills had to be shown paid and workman's claims, etc...seems that the eviction should have taken place before the closing so that the new owner didn't inherit the problem of a squatter...seems strange to me...

[RoyGBiv]

...when I worked for realtors a lot...all claims against a home were satisfied before the sale was completed...at closing all bills had to be shown paid and workman's claims, etc...seems that the eviction should have taken place before the closing so that the new owner didn't inherit the problem of a squatter...seems strange to me...

Hmmm... is it possible that the "sale" deal is signed but the title not yet transferred?
The buyer made the commit to purchase the foreclosed property but the "closing" did not take place yet?

[The Annoyed Man]

We've checked the ownership through the Dallas County Central Apprasal District and it still shows the ex as the owner. Where else might we check? I suspect the Apprasal District's ownership information is not updated that frequently.

I'm not trying to be a wise-guy, but is there some reason why y'all can't just go over there and ask her ex to let you in so she can recover the stuff she would like to keep—before the actual eviction takes place?

[RoyGBiv]

We've checked the ownership through the Dallas County Central Apprasal District and it still shows the ex as the owner. Where else might we check? I suspect the Apprasal District's ownership information is not updated that frequently.

I'm not trying to be a wise-guy, but is there some reason why y'all can't just go over there and ask her ex to let you in so she can recover the stuff she would like to keep—before the actual eviction takes place?

You've never been divorced, I assume?

Oh.. and.. Since the ex seems to be willing to live in his foreclosed house until he's booted forcefully, I assume he still needs the stuff to live with until the boot arrives.

[Hoi Polloi]

A lot of foreclosure companies are now offering cash for keys. They set a date and come out and take possession of the house and keys and pay a few thousand to the person being booted. They figured out that was cheaper than paying for the repairs required after people apparently trash a house they're being evicted from. The deal usually includes all appliances, all mounted doors and fixtures, and that everything be in working repair and it gives the company anything left in the house. She might need to see what her options are before they take possession because she might not stand a chance after the fact.

[The Annoyed Man]

You've never been divorced, I assume?

Actually, yes, I have. Both my wife and I have each had a previous marriage and divorce, which makes the fact that ours has lasted 23 years so far in defiance of statistics fairly remarkable. But then, I married a remarkable woman.