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Michael Gonzalez
Michael Gonzalez, Lawyer
Category: Real Estate Law
Satisfied Customers: 60
Experience:  Managing Member at Perez-Mena & Gonzalez, LLC
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My home was foreclosed on by HOA, the redemption period

Customer Question

my home was foreclosed on by HOA, the redemption period expired. My mortgage is current and they initially said they would pay the fees but they did not...i live in texas
JA: When we are ready I'll take you to the appropriate web page.
Customer: Can the person who bought the lien force me to move?
JA: OK. The Real Estate Lawyer will need to help you with this. Anything else I can tell the Real Estate Lawyer before I connect you two?
Customer: no
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Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Michael Gonzalez replied 6 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

As you may know in Texas, nce a home has been foreclosed, it cannot be redeemed.

Thereafter, if you don’t vacate the property following the foreclosure sale, the new owner will likely either: offer you a cash-for-keys deal, or take steps to evict you.

With cash-for-keys, the new owner offers you money in exchange for you agreeing to move out. This is generally cheaper and faster for the new owner than taking you to court for an eviction.

If you don't get a cash-for-keys deal, the eviction process begins when the new owner serves the former owner with three-day notice to quit (leave) and then files an eviction (forcible detainer) lawsuit. After the court grants judgment, it can issue a writ of possession after the expiration of five days. The constable or sheriff then posts a 24-hour warning at the property. If the occupants do not vacate the property, the constable or sheriff enters the property and removes the occupants and their belongings.

Customer: replied 6 months ago.
What happens to my mortgage?
Customer: replied 6 months ago.
my mortgage company told me I should not worry about it because they are the only one that can evict me for non payment. Again, my mortgage is current. Is there anything else that I can legally do.
Expert:  Michael Gonzalez replied 6 months ago.

Mortgage survives the foreclosure as it is superior to the condo lien that was foreclosed.

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