Legal Question in Real Estate Law in Texas

real estate eviction

My son was forclosed and evicted from his home. I had a mobile home on the property. The mortgage company (Wells Fargo) would not speak to me about anything. It was moved off the property and is being stored. I was not notified at my address of the move. Now the repo man wants $5,500 to release it. Do I have any recourse because I wasn't notified and given the opportunity to move it myself. They did have a writ. It is in Montgomery County, Texas. Thanks, KP


Asked on 8/18/08, 10:44 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: real estate eviction

Probably not. You need to check the writ to see if proper notice was given and required procedures were followed. Notice was probably by publication if you were not available to receive it at the site. If that is the case, you are out of luck. If you believe that the repo-man did not properly follow the law in the repossession, you can file a case against him in small claims court for damages you suffered as a result of the improper repossession.

Read more
Answered on 8/19/08, 9:31 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Texas