Alcon,

I'm a active duty Air Force member stationed at Lackland AFB, been here for a little over 4 years now. Unfortunately the house I am currently RENTING is being foreclosed on.

Does anyone here know the Texas Foreclosure laws?  i.e. how long I'll have to vacate the premises, etc?  Can they just enter the home while I'm not here?

Thanks in advance,
Zach

Hopefully one of the attorneys here will respond soon with the full detail. If you are renting, I suspect that the presumably bank foreclosing will need to abide by the laws pertaining to the lease as far as you are concerned. Given the markets the bank may well be interested in keeping you renting and thus taking care of the place. I know many banks have begun to do foreclosure to rental arrangments with the former owners to avoid vacant houses and all the headaches that come with them.

If possible, call the bank and try to work with them.  As others have said, they may be willing to extend a new rental agreement to you in order to keep the house occupied and keep it from getting torn up at least until they can sell it to someone else.

Being active duty you have a huge amount of help out there for you.  One go to the family support center and tell them whats going on.  Let your supervisor know what is happening as well so they can point you in the right direction.  They may or may not refer you to JAG who may or may not help you out more.  But a foreclosure will be processed through the precinct in which county you live in.  As long as you are not behing on rent they can't do a lot to you forecefully.  You will probably have to find another place to move to but you can probably postpone it a little seeing how your the renter as long as you have a rental agreement.  Use your support help on base as much as possible and go from there.  Best of luck to you.

You probably should be ready to say goodbye to your deposit.



If it is their
bank that is foreclosing, many will work with you some. They still may have
to go through the eviction process. You may be offered cash for keys, if
you agree to move out and leave the place without tearing it up. Each bank is different, they may foreclose and
let the house sit for months, before they get around to it.


 

The foreclosure auctions take place the First Tuesday or each month at the Bexar County Courthouse steps. After the foreclosure auction be careful who you give your rent money to. Your previous landlord may unscrupulously try to collect from you. Is your property managed by a property management company or directly by the owner?



See if you can talk to your JAG or legal assistant for advice.




 

Talk to the bank in question and be sure they know you are active .mil. There is a "Service Members Civil Relief Act" which provides extra protections for mortgages and whatnot, I forget the exact details, so it may not directly apply, however when you indicate you are .mil to the bank that should get you transfered to dedicated folks who deal with the SCRA and related issues and will be best positioned to assist you.

They should still honor the lease.
How long did you lease it for, or rather how long is left?
When they evict you, you have a minimum of 30 days.

Talk to the bank and find out what their intentions are.
If they work with you great, if their ass's,
Stop paying rent.
Let them serve you an eviction notice.
Banks are slow and so are the courts.
It could take them 3 to 12 months to get you served.
That's a lot of saved up rent money.
But see if they will work with you first.
If not, if they could care less about you being caught
in the middle through no fault of your own, and put your family
Through a bunch of drama, then work the system to your
families advantage.

Edit: just take care of the house.
No damage other than normal wear.

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Unless your lease has priority over the bank's lien (probably not), the bank foreclosing will also cut off your lease.  However, the bank has many good reasons to keep a paying renter in a house.  Talk to your JAG.  Talk to the bank. There should be a bunch of resources to help with this.