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Old 09-09-2015, 06:59 AM
1 posts, read 845 times
Reputation: 10


We have been renting a house which we still have 7 months on our lease. We have never been late on rent but this month due to some legal with custody of our grandsons that we are raising we were going to be 1week late but we didn't think our landlords would have a problem with it because they knew if our situation with our grandsons. When my husband told our landlord he not only served us with an eviction notice but he informed us that in 3 days the house was going into foreclosure. Needless to say we cannot find rent and move somewhere else in 3 days. What are the laws does bank have the same requirements that the landlord does with regards to the eviction process laws? Should we be worried that tomorrow (thurs Sept 10) that the bank will show up and just throw our stuff out? Please your advice is greatly needed and appreciated
Valerie Caudill
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Old 09-09-2015, 07:52 AM
15,247 posts, read 17,783,025 times
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I don't know the answer to your question, but here is a link to the local legal aid office. Texas RioGrande Legal Aid, Inc. I don't know what the criteria are to receive services.

I do know that the eviction process will take longer than 3 days. You'll be served with a notice, and have 3 days to move out. But if you don't move out, the landlord has to file an eviction lawsuit in JP court and you have to get notice and an opportunity to respond. You're entitled to a trial if you want one. All of that will take time, but if you lose you'll also be assessed court costs and attorney fees.
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Old 09-09-2015, 09:07 AM
557 posts, read 370,881 times
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I'd doubt the bank would toss you out if you are paying and taking care of the property. Talking to a lawyer is a good idea. You might try and find out who the bank is and see if you can buy the house from them or ask the landlord how much remains on the note and whether you can assume the mortgage. They lose a lot of money on foreclosures so someone may make a deal with you.
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Old 09-09-2015, 10:11 AM
Location: St Thomas, USVI - Seattle, WA - Gulf Coast, TX
811 posts, read 866,107 times
Reputation: 2302
I'll echo Marlow that the eviction process will most definitely take longer than 3 days. I'm still new to Texas laws, but I'm a landlord in other states and there is definitely some consistency in not throwing people out on the street so quickly and easily, no matter the circumstances (even when they deserve it, sometimes...). The bank will most definitely not be throwing you out during the foreclosure process. These things move very slowly on the bank's end and they must also adhere to the same eviction laws that your landlord must.

First thing, what does your lease say?
Second thing, check out the state Tenant/Landlord laws. They are available on the renting forum here:

You may want to re-post your original post on the renting forum. There are a lot of experienced landlords and tenants from all states on that forum who might offer you some more specific wisdom and advice.

Good luck! I'm sorry this to you and your family! You definitely do have rights here, and some time to sort through things before needing to make a move.
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