Eviction (by Jena [TX]) Nov 17, 2010 4:21 PM
Eviction (by Mike45 [NV]) Nov 17, 2010 4:32 PM
Eviction (by Moshe [CA]) Nov 17, 2010 5:47 PM
Eviction (by Virden [OH]) Nov 18, 2010 7:27 PM
Eviction (by Jena [TX]) Posted on: Nov 17, 2010 4:21 PM Message:
State Specific Question About: TEXAS (TX)
Pardon me for asking this a different way. I don't think I gave enough detail the first time. The situation is I am purchasing a home that was previously foreclosed on and is now owned by Fannie Mae, who I am now buying it from. The tenants have been tenants (never owners) prior to the foreclosure (in February of 2009) and they are 3 months behind on the rent so it is unlikely they will stay and pay me. I hope that they will, however I am trying to be prepared if they don’t. I have other rentals and understand the eviction process, but I don’t know their names and am not sure I will have any luck getting that from the listing agent or current management company. On the eviction letter and the form filed at the court, I normally put the name e.g. John Doe and all occupants. I am wondering if you can just put all occupants. When I called the court, they said “we can’t give legal advice” but to me it is a simple question. I was hoping someone on the forum may have done this before.
Please forgive my multiple questions. Thank you for any help!
--76.184.xxx.xxx |
Eviction (by Mike45 [NV]) Posted on: Nov 17, 2010 4:32 PM Message:
I do not know if TX has any protection for the tenants of foreclosed homes. I know that some states do, and it could even be federally-inspired.
Assuming that TX has no such laws, you should first inform the Tenants of your ownership as soon as escrow closes, using both certified mail, return receipt requested, and regular mail. You might also drop a copy of the letter off in person. Enclose some kind of official confirmation of your ownership -- I know if I were the tenant, I'd be pretty suspicious of anyone claiming to be the new owner.
Then, as soon as the tenant is late on a payment owed to you -- forget the 3 months owed to Fanny Mae, that is NOT your business -- so, if you close in time, it would normally be the Dec 1 rent -- then you can serve a Notice To Pay or Quit. You can address it to "John Doe and all others in possession of the property known as 123 Main Street."
I would use "John Doe" rather than simply "All occupants" because the clerk will need some kind of name to use in the index. John Doe, they can deal with!
--216.240.xx.xxx |
Eviction (by Moshe [CA]) Posted on: Nov 17, 2010 5:47 PM Message:
Legal questions often aren't simple ones.
--96.247.xx.xxx |
Eviction (by Virden [OH]) Posted on: Nov 18, 2010 7:27 PM Message:
Jane and john doe, plus the ever popular -et al-, occupants known and unknown, pets of the aforementioned persons. --65.43.xxx.x |
Reply:
|
|