Eviction after Foreclosure - NEED HELP!

[Nathan Lenahan]

Hello All!

Here is our situation:

Purchased an occupied foreclosed home in Fort Worth, TX.

Proceeded through proper eviction and won at the Probate level.

Occupants appealed to county level and we won again there. Subsequently, they did not move out so we filed for a Writ of Possession and it was signed by the judge.  The constable served the 24 hour notice to vacate and the occupants immediately went and filed for CH. 13 bankruptcy in order to further tie up the property.  Because this is handled by a federal court the constable/county court is refusing to allow the constable to go to the home for forcible removal.  

The occupants have no ownership interest in the home (so shouldn't be protected by filing bankruptcy especially since we already had a judgment) and we are trying to figure out our options in getting them out.  

Thoughts?  I am doing my best to not go and remove the outside AC unit to make things a little more uncomfortable though that would have worked much better in July when this started :)

In all seriousness I am curious to hear if anyone else has been in a similar situation and the thoughts of the BP community.

Thanks! 

[Ron S.]

You have to get reliefe from stay. The BK stops the eviction. The occupant has an interest in the property now, if not ownership so, the property has to be abandoned by the trustee. It will be, after you file your motion and have your hearing.

I would not suggest a "Self Help" eviction at this point or you risk getting Federal Bankruptcy Court enemies that won't take kindly to your actions.

Wait. File the motion, file an ex parte motion if you have the funds to do so, appear in court, explain to the judge that you have a writ and are evicting and they filed the BK only to stall the eviction. They will abandon the property and then you can proceed.