What to do if foreclosure was not done properly and I’m still receiving bills for the property?

I was buying a house on owner contract. A year ago we lost the house. It was not a contract for deed but a warranty deed with vendors lien and a deed of trust, both of which were notarized and recorded with the county. The previous owner did not do a proper foreclosure and filed an eviction notice. Went to court on the date specified and told the justice of the peace that the case wasn’t properly filed and that we were in the wrong court for a foreclosure. He said that he certainly can handle the case and made a judgement on the eviction and told me that I had x number of days to vacate. I had already moved so that wasn’t a problem. The problem is a year later the property is still in my name and I still receive the tax and HOA bills. There is somebody else living in the property who I am told is buying on a contract for deed. What do I need to do?

Asked on November 26, 2011 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there was a judgment of foreclosure on the house that you were living in where you were buying it from the seller and you ended up being ordered by the justice of the peace to vacate, the reason why you are still getting the tax and homeowner's association bills for the property is due to the seller failing to get a certified copy of the order of foreclosure and eviction upon you and recording it in the county recorder's office as to the property you are writing about.

I suggest that you contact a real estate attorney about the need to get the title transfer from you to the seller (now owner) in order so that your name will not longer be designated as the owner of record for your former home.

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