5. Eviction. In the event the borrower or tenants remain on the property after foreclosure and receiving notice and demand to vacate, it may be necessary to institute eviction procedures. Tex. Prop. Code §24.00 et seq (see Appendix “B”). Generally speaking, once the Sworn Petition is filed, it takes ten days to two weeks to obtain a hearing. Consequently, a typical eviction usually takes approximately one month depending upon how quickly service may be obtained and how quickly the Justice of the Peace Court with jurisdiction over the case moves its docket along. The only acts over which an attorney has any control are sending the Notice to Vacate letter, filing the Petition, attending the hearing and requesting a Writ of Possession after the statutory appeal period has expired. In summary, the basic procedures involved in an eviction of a foreclosed residential property are:
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a. Notice to vacate. A Notice to Vacate providing 3 days notice is sent via regular and certified mail. The 3 day period begins to run from delivery of Notice. b. Filing of the Forcible Detainer Petition. The “FED” petition may be filed any time after the 3 day Notice period has expired. c. Issuance of the citation. The Justice Court is required to issue Citation immediately upon the filing of the Petition. d. Service of the citation. Initially, personal service of citation is attempted. If attempts at personal service are unsuccessful, alternative service is allowable. e. Trial. The Eviction Trial must take place between six and ten days from the date of the service of Citation. f. Deadline for Appeal. The writ of possession may be issued by the Court six days after the date the Judgment is rendered. A tenant who leased the property from the Defendant is entitled to at least thirty (30) days to vacate after Notice is given depending upon whether they can prove they are current in rental payments; and
g. Execution of the writ. Discretion is given to the officer serving the writ to post a warning that the writ has been issued and will be executed on a specific date. |
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