In Texas if you get a letter of foreclosure on your home how long do you have until you have to vacate?

My uncle received a letter that his home will be foreclosed on Feb. 3, 2009, I heard that by law you have either 30 or 60 days after the foreclosure date to finish moving out or completely vacate the home. Is that true? He lives in Texas (I wasn’t sure if the foreclosure laws varied from state to state) Thanks in advance for any help!!

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3 Responses to 'In Texas if you get a letter of foreclosure on your home how long do you have until you have to vacate?'

1. realtor.sailor - July 3rd, 2009 at 5:22 am

   It’s not clear if 2/3/09 is the date foreclosure will be commenced or the date of sale. If that’s the date of sale you probably need to vacate by that date. Google foreclosure laws in Texas.

   realtor.sailor

2. SGT. Dillers Wifey - July 5th, 2009 at 1:52 pm

   I am not sure as far as foreclosure goes. We live in texas tough and when we give someone a notice to quit or evict they have 5 days.

3. loanmasterone - July 7th, 2009 at 10:05 pm

   Each lender has their on procedures as to when to file a foreclosure against a person that is behind in their mortgage payments.

   The lender in most states have a choice of filing a non-judicial foreclosure or a judicial foreclosure. Most lenders use the non-judicial foreclosure procedure.

   Under a non-judicial foreclosure and the lender has decided to foreclose on you they issue a “Notice of Default/Foreclosure” this document is recorded at the county recorders office where the property is located

   At this point you now have 90 days to bring the mortgage current, refinance the mortgage or do what ever you want to do to keep your property. Your lender might entertain the idea of refinancing your mortgage for you at this stage.

   Once the 90 day period is over the lender then decides to record a “Notice of Sale” at the county recorders office.

   This notice will have a sale date and place of sale.

   Once this document has been recorded you now have 20 days in which to refinance or cure your foreclosure. Most lenders will not entertain the idea of refinancing their own loan once this document has been issued. Some might, but most will not. At this point the lender is interested in you paying the mortgage off or bringing it current.

   At the sale if the property is sold to someone, they have to get the property recorded in their name so there is lots of legal work to be done before they officially own the property.

   This new owner will contact you when all the legal documents are signed and between the two of you select a time for you to move. You might be required to pay rent for the time you stay there but this is between you and the new buyer.

   If the property does not sell then the lender has to get a few legal matters taken care of so they have to wait until the legal matters are completed.

   If this happens once all the legal matters are taken care of the lender normally hires a real estate agency to take care of their real estate sales.

   An agent from the agency will contact you about the date and time of your departure.

   You may decide to move at anytime you desire, but you eventually will be asked by someone to move after the sale.

   If the lender decide to use the judicial foreclosure procedure you will be issued a summons to appear in court. The court will set the time and date of appearance as well as when you will have to vacate the property.

   I hope this has been of some use to you, good luck.

   “FIGHT ON”

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