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.
Keywords: Collin Texas, Complaint, Petition, Purchaser, Possessor, Real Property, Foreclosure Sale, Deed of Trust A Collin Texas Complaint or Petition by a Purchaser Against a Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust is a legal document filed in the state of Texas. It is typically filed by the purchaser of a property that has been foreclosed upon and subsequently sold through a foreclosure sale. The purpose of this complaint or petition is to address any issues or disputes that may arise between the purchaser and the possessor of the foreclosed property. It allows the purchaser to assert their rights as the new owner and seek remedies or relief from any alleged wrongdoing or breaches committed by the possessor. There are several types of Complaints or Petitions that can be filed in Collin Texas under this category: 1. Complaint for Possession: This type of complaint is filed when the purchaser encounters resistance from the current occupant or possessor of the property, who refuses to vacate the premises. The complaint seeks a court order for the possessor to surrender possession of the property to the purchaser. 2. Complaint for Quiet Title: This complaint is filed when there are competing claims on the property, and the purchaser wants to establish their ownership and clear any clouds on the title. It seeks a court declaration that the purchaser is the true and rightful owner of the property. 3. Complaint for Trespass: If the possessor continues to occupy the property unlawfully despite the foreclosure sale, the purchaser can file a complaint for trespass. This complaint seeks monetary damages and/or an injunction to prevent the possessor from further trespassing on the property. 4. Complaint for Breach of Contract: In situations where the purchaser enters into a separate agreement with the possessor after the foreclosure sale (such as a lease agreement), and the possessor fails to fulfill their obligations under the contract, the purchaser can file a complaint for breach of contract. The complaint seeks damages and/or specific performance of the contract terms. 5. Complaint for Waste: If the possessor causes damage or destruction to the property intentionally or negligently, the purchaser can file a complaint for waste. The complaint seeks compensation for the damages caused by the possessor's actions. It is important to note that each case may differ, and the specific type of complaint or petition will depend on the circumstances of the foreclosure sale and the issues faced by the purchaser. It is advisable for the purchaser to consult with an attorney experienced in real estate law to determine the appropriate course of action and file the necessary documents correctly.
