The Texas foreclosure eviction process begins after a homeowner defaults on his home mortgage loan. The mortgage lender sends a "notice to cure" giving the homeowner 20 days to bring the loan current. If the homeowner does not "cure" or pay the defaulted amount, the lender sends a "notice of acceleration" advising the homeowner that the foreclosure process is starting. The homeowner has two ways to stop the foreclosure after the acceleration notice has been filed. Filing bankruptcy will stop the foreclosure process until the court has ruled on the viability of allowing the borrower to restructure or repay the mortgage. The homeowner also has until the sale date to stop the foreclosure process by paying the full amount of the mortgage loan plus any fees and interest accrued.
The foreclosure sale in Texas takes place on the first Tuesday of the month after the 21-day acceleration period has elapsed. The lender advises the trustee as to the minimum price it will accept for the property. The sale is typically cash only. If the minimum bid is not met, the lender retains ownership of the property. The lender also has the right to try to recover any remaining balance due on the mortgage loan. The borrower does not have any rights to repurchase the property after the foreclosure sale. If the borrower is still living in the home, the new owner has the right to file an eviction action.
The Texas county constable's office where the home is located serves eviction notices with a court date for an eviction hearing. After the judge issues a ruling, the former homeowner has five days to vacate the property or appeal the ruling. If the former homeowner is still living on the premises after five days, the constable will post a notice on the front door giving the former homeowner 24 hours to move out. The constable is prepared to physically remove the occupants and place their belongings outside the home. Overall, the Texas foreclosure eviction process can take less than 60 days from the date the first notice is filed.
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