Legal Question in Real Estate Law in Texas
Do Mortgage Co have to give a written eviction?
We filed bankruptcy 1-1/2 yrs ago. The home owners assoc wants to forclose. Our attorney told us to let the home go back to the mortgage co and not to pay anything related to the home. Does the mortgage co have to give written notice of eviction? Or can they come and change the locks at any time? How much time do we have to move?
1 Answer from Attorneys
Re: Do Mortgage Co have to give a written eviction?
If the real estate was included in the bankruptcy, and surely it was, then you will have to be given notice to move by the mortgage company when it intends to repossess. 30 days is the requirement, but usually it is much longer than that.
Have you asked your attorney about reaffirming the debt to the mortgage company so you can keep your home? Of course you have to make all payments, but it can be arranged. Find out before you walk away, as you will just have to find another home if you don't.
A homeowners association can't foreclose on anything other than liens for non-payment of assessments.
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