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ebera · Apr 5, 2010, 06:53 AM

Hi. I am currently leasing a home that is in foreclosure. We were told by the law firm representing the lender that if we provided our lease agreement we would be allowed 90 days before vacating the property. However, we were "served" paper stating we are being sued. I (the tenant) am required to write "an answer" to the court. I have been told I will then get a trial date. This all seems so crazy to me!

My question is: what information do I include in this answer letter? The people in the office were no help at all, and said they could not offer legal advice. We don't have the money to hire a lawyer, and do not feel we should have to. Any help at all would be appreciated. I would love to see an example of an answer letter.

Thanks!
ebera

JudyKayTee · Apr 5, 2010, 07:00 AM

You are being sued? For what?

Do you mean you are being evicted?

What State? The laws differ.

ebera · Apr 5, 2010, 10:26 AM

We are in Texas. And the lady at the court office said that we are being sued for possession of the property.

Apparently since we do not own the house and are just tenants we will have an extended period before we must vacate. According to the lawyers' office it's 90 days. But they have not told the city court's office, and they are following through with the hearing to have us evicted.

It says we should submit an answer in writing. But I have NO IDEA what to include in this answer.

ebera · Apr 5, 2010, 11:06 AM

After reading other threads on this topic I would like to also add the foreclosure is final. The mortgage was sold a month ago.

excon · Apr 6, 2010, 04:57 AM

Originally Posted by ebera

We are in Texas. And the lady at the court office said that we are being sued for possession of the property.

Hello e:

That's an eviction lawsuit. If you don't want to contest the eviction, and I don't think you do, you don't need to answer. You just need to vacate.

excon

ScottGem · Apr 6, 2010, 06:10 AM

Federal law requires you be given 90 days from the change of possession to vacate. This rule is references in a sticky at the top of this forum.

Answer the summons with an intent to defend citing the 90 day rule. At the hearing refer to the law and tell the judge that you intend to be out within the 90 deadline but need that time to find a new place.

ebera · Apr 7, 2010, 06:52 AM

Thanks for this information. In the answer letter I just stated the time line of my correspondence with the law firm. And my only thing is having the full 90 days to vacate. April 15 is our court date.