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Question

I just bought a home at foreclosure auction. Home is unoccupied, but previous owner left personal possessions in the home. What responsibilities do I have towards these items? Can I dispose of them, or does previous owner have some claim on them?

Submitted: 18 days and 3 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: Texas

Already Tried:
Used bug bombs throughout house to reduce number of fleas attacking me (always a good idea in a foreclosure home, in this case a REALLY good idea). Got garage door repaired to prevent neighbor's cat from entering garage, where he was hunting mice and spraying cat piss liberally. Noted about 10'x10'x25' of stuff is piled up in garbage bags and boxes. Noted presence of mature, angry opossum apparently living in pile. Put out live trap baited with bacon and peanut butter in hopes of removing him without resorting to violence.

Posted by Law Pro 18 days and 3 hours ago.

Info Request

They did leave correct - you didn't have to evict them.

 

Do you know where they went or relocated to?

18 days and 3 hours ago.

Reply

The house was rented to a third party who was already gone when the foreclosure sale occurred.

The house was not occupied at time of foreclosure sale. I only know the items piled in the garage belonged to former owner by word of mouth from former tenant, who called me when I put out a for rent sign.

Posted by Law Pro 18 days and 2 hours ago.

Answer

It's clearly abandoned property.

 

You have not duty to store the property. If 14 days have lapsed and you deem there is nothing of value then you can throw it all away.

 

In fact, your case I would - it sounds infested with bugs and who knows.

 

 

18 days and 2 hours ago.

Reply

Please cite Texas code for your answer - I could not find anything under foreclosure (5/51) for this situation, and I'd like to be able to answer authoritatively. Why 14 days, by the way? I'm moving it out asap as a health hazard, having taken photos of the opossum.

Accepted Answer

Texas § 24. 0061

 

A writ of possession must order the executing officer to post a written warning that the property subject to it, if not removed, will be placed at a nearby location that does not block a public sidewalk, passageway, or street.

 

The executing officer or a bonded warehouseman may remove and store the property at no cost to himself or the landlord. The landlord is not required to store the property.

 

Although that is the code - it's not applicable because you didn't evict the tenant and there wasn't an executing officer.

 

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Expert: Law Pro
Pos. Feedback: 99.0 %
Accepts: 
Answered: 11/5/2009

Attorney

19 years legal practitioner: real estate, collections, estate, civil, business, and criminal law

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