Losing the Condo (Foreclosure and eviction)
Foreclosure, eviction and collecting debt.
This case happened in Austin. Foreclosure and eviction is what follows.
We were originally hired to foreclose on a condominium situated on the outskirts of the University of Texas campus. We followed our usual foreclosure procedures and obtained title to the property.
The client then entered into prolonged negotiations with the debtor to resolve the debt. The negotiations continued for over six months. At that point in time the debtor had not made payment on the debt for more than a year. Eventually, no resolution was found and we were instructed to evict the debtor from the property.
We filed the eviction in the justice court and prevailed. The debtor appealed. We then went to trial again in the County Court and prevailed again.
We had an agent of ours stop by the condominium a few days later to see what the debtor’s plans were for moving out. But the debtor said, “there was no foreclosure.” One of the worst cases of denial we have ever seen.
We then moved forward with a writ of possession. The debtor retained a lawyer in Austin to seek a temporary restraining order to stop the execution of the writ of possession. Just before the debtor’s property was to be put on the street we appeared before a judge in Austin. The judge denied the temporary restraining order and we went forward with the writ of possession as you can see in the attached photo.
The client then sold the condo at a profit and all’s well that ends well.