Legal Question in Real Estate Law in Texas

What is the process to start a foreclosure on a home we did owner financing on?

We did owner financing on a home and now they are in default 3 months. We posted a notice to vacate, then sent them a certified letter of intent demanding payment in full. We waited 15 days after they received the letter and went to the precinct the house is in to file for the eviction suit. We went to court today and the judge dismissed it. She said she didn't handle foreclosures and that we would have to go through the foreclosure process. She also said it was out of her jurisdiction. She only handles renters. We are totally confused now. What process did we miss? I thought we did the foreclosure process. I was told by a local attorney's office that posting the notice and sending the certified letter was the foreclosure process and all we had left to do was the eviction suit. Can you tell me what we didn't do correctly? Thanks.


Asked on 2/07/08, 1:27 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: What is the process to start a foreclosure on a home we did owner financing on?

Sounds to me like you provided improper notice and you failed to conduct the sale on the courthouse steps (as outlined in the Texas foreclosure statute). The foreclosure process is procedurally exact. You can read about it in the statutes (available online), however, I highly recommend that you retain an attorney because failing to give proper notice or failing to conduct a proper sale can render the foreclosure invalid.

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Answered on 2/08/08, 6:55 am


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