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Updated over 6 years ago,

User Stats

90
Posts
28
Votes
Larry H.
  • Investor
  • San Antonio, TX
28
Votes |
90
Posts

Rent To Own Eviction/Foreclosure outside San Antonio

Larry H.
  • Investor
  • San Antonio, TX
Posted

Another seminar...We bought a property in Bandera, TX at the end of June.  Bandera is just outside San Antonio, Boerne, Kerrville, Hondo, Helotes, and Castroville (yes, I was trying hit those keywords).  The tenant had a rent to own agreement with the previous owner.  The tenant decided he was not going to pay us, so I went through the eviction process.  I just had the eviction denied by a judge because of the rent to own agreement, even though the tenant could not provide a contract.  I made the mistake of acknowledging I was aware of the agreement.

Judge said we did not properly terminate an executory contract and advised me to contact an attorney.  He said the Justice of the Peace office does not have authority to terminate and executory contract and said it would have to go through the district court.  

I tried giving the tenant an opportunity to pay and stay, and also offered cash for keys if he could be out this weekend.  He declined both.

Can anyone offer any advice on the foreclosure process in TX or recommend an attorney in the aforementioned areas?

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