Texas Tax Deed - Taking Possession During Redemption Period

[Account Closed]

Have you ever had any resistance evicting the former owner of the property prior to the sale from a JP court during the 2 year redemption period?

Example:
Jonh Doe lives at 123 Fictional Street with a homestead exemption. Can I buy the home and file for eviction on his primary residence during the 2 year redemption period and rent it out.

I believe this is possible, but I'd rather ask now and make darn sure I'm right. I understand the deed gives ownership to the auction buyer. I just wonder if it's a grey area - or just plain black and white text. 

[Jerel Ehlert]

@Account Closed You posted some things that don't make sense to me.  For instance "prior to the sale from a JP court"...not sure what you mean here.

In Texas, owners who are foreclosed on under a trustee's sale (bank foreclosure), there is no right of redemption.  For a sheriff's sale (tax foreclosure), there is a 2-year redemption for homestead property.  Limitations run from the date the sheriff's deed is recorded, not date of auction.  Tax suits are in District Court (or sometimes County Court, in some small counties), not Justice Court.  I'm going to assume you're talking after a tax sale.

IF you hold the deed, and there is no lease or anything other to muck up the hypothetical situation, you can file eviction according to the Texas Property Code and Tax Code (situations for eviction after tax sale).  From a business perspective, you can offer cash-for-keys, etc.  As the buyer at a tax sale, you are entitled to certain amounts to be repaid in the event they want to redeem, but you are entitled to possession during their redemption period.