Hello,
I need some advice from the pro’s. I bought a house at the trustee auction this week and found out afterward that it is still occupied by the previous owner 
This is a first for me, but then I am still fairly new at this. I called a couple of more seasoned investors that I know to ask them, and one said that I should have them removed immediately after I get the new deed recorded in my name, because they are tresspassing on my property at that point. The other said to treat them more like a tenant and send them a 3 day NOTICE to VACATE, then file an eviction notice at the JP court, wait 6-10 days for the hearing, another 5 days to see if they appeal, then I can have the sheriff remove them. Yet another investor has told me that I have to give them a 30 day notice to vacate (instead of 3) because it is a foreclosure sold at a trustee sale. I realize that state laws can be very different on these issues, but this house is in Texas. Anybody know the best course of action for getting them out? Thanks for your input! :help
It sounds like you didn’t investigate your landlord/tenant laws down there in the heart of Texas. Heck of a lesson, isn’t it?
BTW, did you even drive by the house before you bought at auction?
The best course of action is to follow the local eviction rules after you have obtained clear title to the property. Yep, clear title. I won’t go into the details as you have a title/escrow company in your home town that can explain that to you.
Good luck.
Thanks for the response, although not very helpful. Yes, I drove by it but did not not see anybody there on that day. I am fairly familiar with the landlord/tenant laws, but not sure if this would be a landlord/tenant relationship since no lease is involved.
Hi Beachboy,
I am in Alabama, so I don’t know how much help this will be.
Our “eviction” process for foreclosures is different than our eviction process when there is a landlord-tenant relationship.
We are actually supposed to send a Ten (10) day Demand-for-Possession letter,
instead of the Seven (7) day Notice-to-Quit-or-Pay we would send to a tenant.
About half of them move out after we send the Ten Day Letter.
If not, we actually have a few different methods of obtaining possession.
Ejectment (long process): Most of our attorneys recommend this method in the case a foreclosure.
Unlawful Detainer: Shorter time period
Simple Eviction: Very fast process (may not be allowed by the court unless there is an existing landlord-tenant relationship)
A couple of times we had some takers on Cash-for-Keys.
Industry “lingo”, just means you offer to pay them to move out fairly quickly.
I would definitely consider using an attorney, for at least your first one.
Hope this helps.
Hi Veloz,
Good Info. Thanks for the reply. I plan to call an attorney freind tomorrow to find out the options in this situation. It sounds like you have have lots of experience in this area 
If you have the resources, offer reasonable relocation expenses . It may save you time and money in the long run.