BEST ANSWER
FIRST ANSWER
Foreclosure is one action.
Eviction is the next
Foreclosure only grants ownership not occupancy.
A new owner must file to evict with the court, after the foreclosure has granted them ownership.
Check on the rules for eviction with the precinct in your area and this will tell you how much time you have.
The eviction will also require a notice of a court hearing and in the state of Texas the judge will grant the occupancy to the new owner at the court hearing if all the process has been filed correctly.
If you, the current occupant does not leave withing the time that the judge states at the court hearing the new owner then can file a writ of possession and place the current occupants personal items out to the curb. In Texas start to finish and on the curb for an eviction is usually 30 day after filing the eviction.
If the mortgage bank is the new owner they will usually send a represenative to offer you cash for keys so you can acquire some money for moving out. This is a document you sign with the bank rep. You must follow thru with the agreement to get the cash.
Please be aware it is much better to do a short sale than put your self in this position.
Government short sales are allowing you some cash reward at closing for making the home available for and participating in the sale even if the sale price is less than what is owed the bank. This helps keep distressed properties off this market therefore, holding up values in the neighborhood.
Marian Derks
ReMax Capital City
1(512) 659-1642
Thu Nov 13 2008, 04:48