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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 15761
Experience:  Licensed General Practice Attorney, Texas
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A Texas question. I just received a substitute deed after purchasing

Customer Question

A Texas question. I just received a substitute deed after purchasing a home at foreclosure auction The prior owner died in 2013 and the mortgage loan was not paid hence the foreclosure (a senior lien I believe). In May of this year the HOA rented and renovated ( paint & appliances) the home for the next year. Not sure how the HOA believe they had the right to rent property but they did. So now that I have a deed, I want to get in there and make a few changes (granite and floors) but can't with tenant.
So am I entitled to evict tenant? Do I get to inspect property now? Who is entitled to rent and security deposit? Should I accept rent payments if I am evicting? Was HOA entitled to lease?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 1 year ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. The first thing that you need to do is contact the HOA and see under what authority they leased the premises. It's entirely possible that they also foreclosed with an HOA lien subsequent to yours, or maybe yours was after theirs, etc... But the point is that they clearly have some belief that they have the right to rent the property out to someone, and prior to filing eviction there may need to be a "quiet title action" to determine true ownership of property. If you try to evict, and you do not have the right to evict, the tenants could come after you for wrongful eviction. So you want to make sure that you have the right to evict. Assuming that you are the sole owner of the property, per your questions:So am I entitled to evict tenant? - Yes. If the "tenant" that purported to rent out the property did not have the right to rent it out, then the lease is null and void, and you can evict the tenants. If they complain, they'll have to bring their complaints against the HOA.Do I get to inspect property now? - Not really. That is, you are not the landlord, which means you don't have a right to inspect. It is somewhat ironic that if you were the landlord you could tell them that you will enter the property within 24 to 48 hours notice, but you don't have that right with "squatters".Who is entitled to rent and security deposit? - Technically you would be entitled to the rent, if it's your property. The security deposit is still the property of the tenants unless it could be shown that they damaged the property or skipped out on the rent that they should paid.Should I accept rent payments if I am evicting? - No. That could be seen as affirmation of the lease and could cause the judge to deny the eviction.Was HOA entitled to lease?- It does not sound like it, but again, they could have good reasons for doing what they did and you want to make sure that you understand their position before you try to evict the tenants. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Customer: replied 1 year ago.
I assume that the HOA has not collected HOA fees since death and had a right to collect fees but should they not have posted something as to foreclose on the property? I have not been able to find anything posted with the county clerk of courts office.
Expert:  ScottyMacESQ replied 1 year ago.
Yes, they still would have gone through the foreclosure process and have some sort of ownership right. Now it's possible that the clerk has lost the documentation, etc... or there's some sort of contractual right in the HOA documents, which is why it's best to contact them regarding this issue and ask them what the basis for their actions is.
Expert:  ScottyMacESQ replied 1 year ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacESQ replied 1 year ago.
Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)
Expert:  ScottyMacESQ replied 1 year ago.
Should I continue to await your response, or may I assist the other customers that are waiting?
Expert:  ScottyMacESQ replied 1 year ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!
Customer: replied 1 year ago.
Is it issuable that when the senior lien holder foreclosed that the outstanding fees were paid from the foreclosure sale?
Customer: replied 1 year ago.
*possible not issuable
Expert:  ScottyMacESQ replied 1 year ago.
Yes, but you would need to check with the county clerk to see if there were claims made against any surplus (if applicable). If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.
Expert:  ScottyMacESQ replied 1 year ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!