Post-Foreclosure Evictions

HOME | Post-Foreclosure Evictions

Post-Foreclosure Evictions

With our robust economy, beautiful weather and affordable housing prices, San Antonio has become a magnet for local and long distance real estate investors. Bexar County’s monthly trustee sales have seen attendance multiply rapidly over the past several years, and many properties receive multiple bids.

Many times, investors purchase properties at foreclosure sales / substitute trustee sales only to find that the former owners are still in possession and refusing to vacate. Often, these are the toughest occupants to remove because of their emotional attachment to the property they once owned.

Post-foreclosure evictions have become a common and important component of our San Antonio real estate law practice. It is also an area in which we excel. This success is attributable, in part, to our stable of investor clients who regularly purchase foreclosed properties. Virtually every month they call on us to secure their possession of their new investments. And we deliver.

A special set of rules, laws and court decisions apply when the occupant to be evicted was never a tenant of the property.

We assist foreclosure sale purchasers remove former owners and other occupants as expeditiously as possible.

  • Our real estate law firm has developed a CASH FOR KEYS strategy which our clients sometimes utilize to streamline removal of former owners. In other instances, our clients’ kindness fails. When that occurs, we are prepared to litigate the right to possession.
  • We have faced and defeated the usual arguments against evicting former owners. Our eviction lawyers understand the significance of the Tenant at Sufferance clause of standard Deeds of Trust, and are well-versed at articulating how claims of foreclosure sale irregularities do not abridge our clients’ rights of sole possession to properties purchased at Trustee’s Sales.
  • When necessary, we represent purchasers of foreclosed properties in ancillary lawsuits filed in the District Court and in suits challenging the validity of the sale and for determination of title.

If you are a foreclosure purchaser who needs a former owner removed, we can help.