Foreclosure in Houston>Question Details

Revmoto, Other/Just Looking in Houston, TX

Home foreclosed & sold at auction on 1/3/11. Do we have to let new owner in before we move? No eviction notice or hearing. Packing but being

Asked by Revmoto, Houston, TX Fri Jan 13, 2012

harassed My friend missed some payments after a job loss and tried to work through the making homes affordable plan, but the bank was difficult. They refused her continued attempts at paying on her mortgage, kept putting off the review of her application and ultimately sold her house last Tuesday at auction. The guy who bought it has been pressuring her to come into the house this weekend while she packing. She is doing her best to be out as soon as possible, but is very uncomfortable allowing this person in until she and her children can move out.
Is she required to let him in? She has not been notified of a hearing or served with any papers or notice of eviction at this point. She is doing her best to get out and will have a place to live starting February 7. She is a single mom and also needs to re-register her children at a new school. Any estimates of the possible timing of her forced eviction?
Thank you for any advice.

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I am sure this is over, but for future reference, NO ONE can JUST COME INTO YOUR HOME , NOR TELL YOU TO LEAVE WITHOUT PROPER DUE PROCESS OF THE LAW!!!! It does NOT matter if they are the "new owners".
That means - they serve you with a notice to quit that asks you leave within a certain time, and if you don't they have to file a petition and serve you the petition for an eviction There will be a court appearance scheduled, and you have a right to be represented by an attorney, so if you need more time, ask the judge for an adjournment - he HAS to give it to you . You assert your defenses and there will be an eviction TRIAL. There are all sorts of defenses, and in the end, you can even ask for more time to move if it will cause undue hardship and extreme stress on you and your family.

IF YOU ARE A TENANT....Obama passed a new PROTECTION ACT in 2012 - the new owner/landlord MUST GIVE YOU A 90 DAY NOTICE!!!! In that time frame, he/she CANNOT enter your home nor harrass you as you have the right to "Quiet Enjoyment". If he/she does, you complain to court He/SHE MUST TAKE CARE OF ALL MAINTENANCE ON THE PROPERTY or you do NOT HAVE TO PAY RENT. Keep records and photos. THis is a defense you must bring up - you must be a "bonafide tenant" or a month to month tenant - you must be paying rent and it must be "arm's length" - not renting from your mom, or something. Check you state laws, though. New York has assimilated this new law into their own and it is more comprehensive and affords greater protections.

GOOD LUCK!
1 vote Thank Flag Link Thu Jun 21, 2012
PSS - If you were NOT served with the 90 day notice, you must bring it up at the start of the process - don't wait for the trial or the plaintiff may claim it is an "assertive defense" and that it is too late...that is what happened to me!!! THis is a law that the defendant must bring up on their own.
Flag Fri Jun 22, 2012
PS The Tenants in Foreclosure Protection Act was passed in 2009 - you can just Google it. ALSO - IF YOU HAVE A VALID LEASE..YOU GET TO STAY IN THE HOUSE TILL IT"S OVER - unless the new owner wants to move in to live ...then you STILL GET 90 DAYS - so do not let ANYONE intimidate you or push you out prematurely. If they do, you might be able to sue them for illegal eviction and win triple damages!
Flag Fri Jun 22, 2012
Couple of issues here...
1) you may want to talk to an attorney who can review your documents to make sure foreclosure was done properly. if it wasnt you MAY be able to void it.

The buyer has to serve you with a notice to pay or quit. You may be able to fight the foreclosure in the unlawful detainer action.

Is the buyer going to sell the property or live in it..

You want to talk to a real estate attorney in the same state that the home is in so that attorney will know the relevant laws.

Some attorneys have been very successfull as settleing fraudulent foreclosures.

***Ask them questions first - how many cases have you successfully negotiated/ settled.
0 votes Thank Flag Link Thu Jun 21, 2012
Please note I am not an attorney and this is not legal advice...

The owner can evict the current occupant and if I remember the rules correctly this can happen in 10 days.

I would move out faster than that....not waiting until Feb 7th. You don't want an eviction on your record. The foreclosure is already bad enough. It will make renting and buying in the future extremely difficult. This is indeed an unfortunate situation, but you don't want to make it worse.

My thought would be she should offer the new owner rent for a short term lease until Feb 7th, so he won't harrass her. Of course get a signed lease before handing over any money. No cash....just checks. That way he gets paid, she has a place to live until she can move, and everybody wins.
0 votes Thank Flag Link Fri Jan 13, 2012
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
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The best advice I can give you is to talk to an attorney. I'm sure the new owner wants to gain access to determine how they want to proceed, but there are legal processes that should be followed. Your friend should talk to an attorney to see what his or her rights are.
0 votes Thank Flag Link Fri Jan 13, 2012
Hello, Revmoto ! Happy New Year for some but this doesn't sound like it. Ask your friend to be firm. No one can come in. The person that purchased the property has to go through the proper steps and probably knows this but doesn't want to make the effort when a little pressure seems to work on some people that don't know better or your worried friend. Check to be sure the property actually was sold. She can do this. If it was sold she can get a name. But they still don't get to take a tour of the house. She'll be out soon enough if they take the correct steps that they should have already taken. Maybe it wasn't sold and he wants to see the property before bidding.

IF IT WAS SOLD she does need to get plans to move workng. Eventually a Sherrif can show up with a court order and tell her she has 1 hour to get out. That happened to someone I was acquainted with that ignored their notices.

Good luck to you both. If you have any friends or family that have real estate question I would like to help them. Call me. Thank you, Kathleen (281) 799-4002
0 votes Thank Flag Link Fri Jan 13, 2012
Revmoto, I completely agree with the others that at this point, she should focus first on moving, and should not let the new owner in at will.

However, with that said, since the new owner clearly is being pushy, why not suggest that she is willing to take the pictures, and will send them to him electronically, provided he pays her a set amount. That way, he gets a glimpse of the work ahead, but the violations of her privacy are limited and she controls the matter. She and her children, pets and personal objects should not be in any photos... and remember you're taking pictures of the room, not the furniture.
0 votes Thank Flag Link Fri Jan 13, 2012
I also believe you must be legally evicted and he has no right to enter until the new owner (landlord) has a judgment in his favor. I did an eviction about 2 years ago. I was on it, at every interval, without delay (there are several steps). It took a total of 21 days from initial notice to ruling from the court. As far as I know, this is the earliest an eviction can happen in Harris County.
0 votes Thank Flag Link Fri Jan 13, 2012
Thanks to all again for your responses. I mistyped the date of foreclosure. It was 1/3/2012.
I understand real estate agents can't provide legal counsel, but I appreciate the advice. We had not thought about the person calling her may not be the owner. She is concerned that they will show up at her house tomorrow. I will send her all of these responses and suggest she call the help line.
Thank you
0 votes Thank Flag Link Fri Jan 13, 2012
Thanks to all for the response. She has begun communication with the new owner. The new owner is pressuring her and insisting on coming into the house tomorrow to take pictures. Is there any requirement that she let him in? She is very uncomfortable allowing him to come in while she and her children are still occupying the home. She is packing and moving about as quickly as she can. If she has to, she is looking into renting a storage unit until her new place is ready and staying with friends. She has no desire to trash the place and knows she has to be out, but she is trying to make this as easy as possible on her children.
0 votes Thank Flag Link Fri Jan 13, 2012
Great answers on this forum.
I would, however, call the police if the "new owner" insists on entering your home until you leave.
You do not know if this person is the true owner or just a contractor, and as a mother myself, I would not feel comfortable letting him in either.
Call the 211 assistance number, the county clerks desk, or a real estate attorney for further advice since we Realtors are not allowed to give legal advice.

She is lucky to have you as a friend looking out for her!
0 votes Thank Flag Link Fri Jan 13, 2012
Your friend is now considered a Tenant at Will. The new owner cannot change the locks or force her out without formal eviction proceedings although he/she now owns the house. By the time the new owner has her served with eviction papers and a court date set, she should have ample time to be moved out by Feb. 7.
HOWEVER, now is not the time to move slowly. My advice is that she needs to expedite her move out---absolutely she does not want to have to go to court to defend herself. --------My additional advice is to contact the new owner and begin communication IMMEDIATELY. DIANA ALDERMAN, BROKER, HEARTHSTONE REALTY
0 votes Thank Flag Link Fri Jan 13, 2012
The eviction process takes about 2 weeks. The new owner must give a 3 day notice to vacate. Then if they havent moved out, he can file an eviction that will take 6 days for a court date. Upon the court date the judge will make a decision and the tenant will have a short amount of time to vacate.
0 votes Thank Flag Link Fri Jan 13, 2012
Please instruct her to go the the county clerk to get assistance there. Also if she dials 211 from a landline phone they will be able to assist her as well.
0 votes Thank Flag Link Fri Jan 13, 2012
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