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Texas Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust

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Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.

A Texas Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust is a legal document filed by a purchaser who has acquired the real property through a foreclosure sale. This complaint or petition serves as a means for the purchaser to assert their rights and seek legal remedies against the possessor of the property. In Texas, there are different types of Complaints or Petitions that can be filed by a purchaser against the possessor of real property after a foreclosure sale pursuant to a Deed of Trust. These may include: 1. Complaint for Wrongful Possession: In this type of complaint, the purchaser alleges that the possessor is wrongfully occupying the property despite the foreclosure sale and demands that they vacate the premises immediately. 2. Petition for Enactment: This petition is filed when the purchaser seeks a court order to evict the possessor from the property. The purchaser may claim that the possessor refuses to vacate despite receiving notice of the foreclosure sale. 3. Complaint for Quiet Title: In this complaint, the purchaser requests the court to declare them as the rightful owner of the property and eliminate any claims or disputes made by the possessor. The purchaser may argue that the foreclosure sale extinguished any prior claims to the property. 4. Petition for Damages: If the purchaser suffered financial losses or damages due to the possessor's actions, they may file a petition seeking monetary compensation for any harm caused. This may include loss of rental income, property damages, or legal fees incurred. 5. Complaint for Trespass: If the possessor remains on the property unlawfully, the purchaser may file a complaint for trespass, alleging that the possessor is unlawfully occupying the premises without permission. It is important to note that while these are common types of complaints or petitions, the specific content and details will vary based on the circumstances of each case. It is advisable to consult with a legal professional to ensure the accurate preparation and filing of the petition or complaint within the applicable Texas laws and regulations.

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51.002. SALE OF REAL PROPERTY UNDER CONTRACT LIEN. (a) Except as provided by Subsection (a-1), a sale of real property under a power of sale conferred by a deed of trust or other contract lien must be a public sale at auction held between 10 a.m. and 4 p.m. of the first Tuesday of a month.

Judicial or Nonjudicial Foreclosure After Judgment Against Guarantor--Deficiency.

Section 51.004 - Judicial Foreclosure-Deficiency (a) This section applies if: (1) real property subject to a deed of trust or other contract lien is sold at a foreclosure sale under a court judgment foreclosing the lien and ordering the sale; and (2) the price at which the real property is sold is less than the unpaid ...

The "right of redemption" refers to one's ability to reclaim the property even after the foreclosure sale takes place. In Texas, the "right of redemption" is only available for specific kinds of foreclosure actions such as foreclosures of certain tax liens and property owners association assessment liens.

51.0012 of the Texas Property Code. This statute provides a mechanism for the automatic release of a judgment lien on homestead if the creditor does not contradict the facts of the affidavit within 30 days of receipt.

Section 51.003 - Deficiency Judgment (a) If the price at which real property is sold at a foreclosure sale under Section 51.002 is less than the unpaid balance of the indebtedness secured by the real property, resulting in a deficiency, any action brought to recover the deficiency must be brought within two years of ...

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Aug 16, 2023 — An article from legal self-help publisher Nolo on how lenders can obtain deficiency judgments after a foreclosure sale. Distribution of Excess ... (a) A conveyance of real property by an officer legally authorized to sell the property under a judgment of a court within the state passes absolute title to ...In the event of a foreclosure sale under the deed of trust, Grantor agrees that all the Property may be sold as a whole at. Lender's option and that the ... "Holder of a recorded preexisting first lien on the property" under Section ... 773. (f). The return of service on the property address must be on file with the ... The policy issuing agent should require some evidence, such as a recordable affidavit from the purchaser, which verifies the purchaser did not continue to ... by J Fambrough · 2009 · Cited by 1 — Steps leading to the foreclosure sale are described in the deed of trust and in Section 51.002 of the Texas Property. Code. First, the lender or mortgage ... A Texas Deed of Trust creates a lien on property to secure a Promissory Note. These are two documents needed for real estate loans and seller financing. Texas allows nonjudicial foreclosure under a power of sale granted by a deed of trust for most real estate loans. Nonjudicial foreclosure is not available ... (a-8) A tax lien may not be transferred to the person who pays the taxes on behalf of the property owner under the authorization described by Subsection (a-1) ... A purchaser at a sale of real property under Section 51.002: (1) acquires the foreclosed property "as is" without any expressed or implied warranties, except as ...

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Texas Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust