RECENT CASE LAW UPHOLDING EVICTIONS ASSOCIATED WITH FORECLOSURE

The Austin Court of Appeals has recently upheld two evictions where the tenant claimed wrongful foreclosure.  In Resendez v. FV REO I, LLC, 2014 WL 411720 (Jan. 31, 2014), and Wilder v. Citicorp Trust Bank, 2014 WL 1207979 (March 18, 2014), the Plaintiffs purchased their respective properties at a foreclosure sale. The Defendants filed wrongful foreclosures and claimed the court could not adjudicate the eviction because of the title dispute. In both cases, the deed of trust contained a provision creating a landlord tenant relationship with the defendants.  In both cases, the court confirmed that attacks on the validity of the foreclosure sale are not a bar to the court’s authority to adjudicate the Plaintiff’s right to immediate possession.  

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