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-   -   How to evict the previous owner after purchasing (https://www.askmehelpdesk.com/showthread.php?t=512172)

  • Sep 29, 2010, 07:29 PM
    anass
    How to evict the previous owner after purchasing
    I bought a home in houston, Title gave me legal deed and possession and key based on contract.
    Old owner who sold home and got paid asked me 7 days to move out, I gave him 7 days oraly, but after 15 days passed he is still there and he is asking another 30 days. I need my home to live as soon as possible, what can I do? Please advise.
  • Sep 29, 2010, 07:53 PM
    ballengerb1

    So you have a key, right? Start moving in and call the police if he blocks your way or remains. He is not a tenant so eviction is not the way to go, he is trespassing. I say this assuming you bought the property from him and there was a closing on the deed, amI right or did you buy it from a foreclosure via bank?
  • Sep 29, 2010, 08:02 PM
    anass
    Comment on ballengerb1's post
    It was not kind of foreclosure.
    He sold the home to dealer and the same time dealer sold home to me; so I have 2 deeds from previous owner to dealer, and dealer to me; dealer gave a home key to Title and Title gave key to me;
  • Sep 29, 2010, 08:09 PM
    anass
    Comment on ballengerb1's post
    I have HUD and Insurance Title and Deed.
    And previous owner has HUD and money (Title gave him) and he is still living; should I legaly give him eviction notice? Or just walk out to police office!
  • Sep 30, 2010, 04:54 PM
    ballengerb1

    I'd start by trying to get the police to come by because he is trespassing. Technically he is a resident, illegal as it may be, still a tenant. Start eviction process by googling your states name and the word EVICTION PROCESS just to see how you can start the process. I'd also be screaming in the ear of thedealer and HUD.
  • Sep 30, 2010, 06:31 PM
    ScottGem

    Please do not use the comments feature for follow-up. Use the Answer options.

    I'm more inclined to agree this is not a resident. Tell him you will be moving your stuff in on x date and he needs to be out by then or you will take appropriate legal actions.
  • Sep 30, 2010, 06:36 PM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    ...
    I'm more inclined to agree this is not a resident.. .

    He's not a tenant under a residential lease, and thus probably not covered by the state landlord-tenant statute.

    But it does appear to be a "forceable detainer", as in "forceable entry and detainer", the old term still used in many states' statutes concerning eviction proceedings. These statutes are frequently found in the portion of state code dealing with civil court procedure, as opposed to real property, where LL-T acts are commonly found.

    ---

    But not true in Texas. FED statute is Title 4, Chapter 24 of the Texas Property Code. http://www.statutes.legis.state.tx.us/

    Quote:

    Sec. 24.002. FORCIBLE DETAINER. (a) A person who refuses to surrender possession of real property on demand commits a forcible detainer if the person:
    ...
    (2) is a tenant at will or by sufferance,.

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