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i would like to know if my home owner assc, sold my house,

and the new owner are...
i would like to know if my home owner assc, sold my house, and the new owner are trying to evict me, i have 2 weeks before going back to court, could they evict me even if there not the main holder to my account. im trying to redeem my house back,, how much time are we allowed before being evicted,, im trying to get the mortg. company to help me with redeeming my house back,, im a first time buyer im not fully understanding all of this,, please help
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Answered in 5 minutes by:
12/1/2010
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,208
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified
What state is the property located in? Thanks.
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Customer reply replied 7 years ago
tx city tx,, and it galveston county,,

Thanks. Texas, unfortunately, is one of the few states with no statutory right of redemption. Thus, you have no absolute legal right to redeem your house without the consent of the HOA and/or the lender. But, you cannot be evicted until the new owners actually get an eviction order from the court...which gives you a good bit of time.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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Customer reply replied 7 years ago
the new owner did file for eviction already, that's why we went to court today,, the judge told them that we had a right to redeem the property back, the new owner was trying to evict us today ,, im thinking when we return back in 2 weeks he will be able to evict us,, i was calling my motg, company months ago, and they were telling me not to worry that the H O A.coudn't sale without going through them, but they did , currently im working on trying to get the motg, company to mortify my loan by paying out the new owner and attaching the balance to my account,, do you think this could happen, are should i try to get a lawyer to go back to court with me,, i won't have all the funds tell feb 2011,
If the HOA has not had the foreclosure sale yet, they cannot evict you because they don't own the property.
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Customer reply replied 7 years ago
yes they did have the sale already,, they sold it in a sheriff sale for 5000,00 about a month ago. and now the new owner as they refer themself to is trying to get the house, i spoke with my mortg, company today, and they said they are the main lean holder of my property, that the person who purchase the house is consider the 2nd lean holder and its possible they could evict us,, but im still responsible for paying my mortg,,the jugde try to tell them that it makes no sense to evict us when we can redeem our house back , and the new tentants will have to move,,im trying to take care of this matter, also the h o a sent me an redeemation letter i could'nt afford the price they were asking to stop the sale. so they sold the house,,that's why im asking could they evict me when i return, back to court,,
They can legally, but as both the court and the mortgage company have advised, it makes no sense for them to do so.
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Customer reply replied 7 years ago
my finally question,, should i try to hire a lawyer, even dough im working with the mortg, company on paying out the bill and attaching it to my loan, i really can't afford a lawyer at this time,, and how long if evicted do i have to evacate the house,,and do you know how long they will give me to redeem the house back ,,
I wouldn't waste money on a lawyer. After an eviction order is actually issued, you have a couple days after the landlord has delivered the eviction order to the sheriff. I do not know the answer to the final question because it is solely up to the lender and HOA.
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,208
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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