Friend's House Auction Tomorrow.....now What?
Hello,
My friend's Texas house is on auction tomorrow and I would like to know how much time do they have to work with before they are forced to leave? They need to make sure they have enough time to pack everything.
Also, can the winning bidder come by the house anytime and do as he/she pleases?
At this point they are only concerned with having enough time to pack and get things out without the police throwing them out.
Any Texas investors out there have any experience with this or have any information?
Thanks!!
I am not from texas, but in my experience, if somebody is living in a house that is foreclosed on, the new owner must initiate eviction proceedings in order to "force" the occupants out. He can't just break down the door and say get out now. The eviction proceedings can take anywhere from 3 to 30 days depending on state statute. At the end of that time is when the sherriff comes to the door.
Generally, there are laws that govern what the new owner (high bidder) can and cannot do when the house is occupied at the time of sale. I would call an experienced real estate attorney and/or the state department of real estate and ask the specifics for your state.
Thanks Rup!
Can the winner come by and do inspections, measurements, etc?
I just want to make sure the winning bidder doesnt come by and disturb the whole family as they prepare to leave and at the same time have enough time to pack up.
Its bad enough they are losing their house.[ Edited by Rommel on Date 03/01/2004 ]
Yes, If they come to the door and ask to come in you have to let them in they can do what ever inspections and measurments they want. They can take an inventory of personal items for their personal liability and will then serve your friend a three day notice. If he is not out in three days you can bet a judge will make him pay rent when the owner files the unlawful detainer...
just kidding, they should give you a couple of days to get everything moved and no they should not be to forcefull about checking out the inside as long as they see that you are really packing. I just allowed this woman 4 days to finish moving out on the 4th day she met me at the house and gave me the keys...
EndOfStory
If the person who shows up at the door was the high bidder, YOU DO NOT have to let them inside. Without a court order to have them removed, they are still tenants in posession. I don't live in Texas either but no one can just show up and demand to do inspections.
I don't know texas law but I would imagine you would have at least 14 days to finish packing, before the sheriff comes out.
throw in the mix a possible bankruptcy filing and your standard 30 day eviction can turn into 5 +months nightmare and thousands of dollars in legal fees to enforce your rights.