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May 25, 2017

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The Truth About Filing Evictions in Austin Texas

May 25, 2017

 

Hey guys, it's Greg Saunders with Oak Alley Capital, and today I am in here in front of the courthouse for Justice of the Peace four in Travis County to file an eviction. What I wanted to do was go over how I do evictions here in Travis County and let you know that a lot of people think that the eviction process is this huge ordeal and in reality it's not that bad. One of the big things about Texas is that we are a non judicial state, which means that our judicial state which means that our eviction process and that our foreclosure process doesn't have to go through the courts. It's all handled in the civil courts and it's done pretty quickly. In Austin, Travis County, we can do our evictions anywhere from 30 to 35 days, and then we get the sheriff out to remove someone in about another 10 to 14 days depending on their backlog.

Now the first thing about filing an eviction is that it has to be in the Justice of the Peace where the house is located, so it's not where my office is, it's got to be in Travis County, and in this case the south is in Southeast Austin. That's Justice of the Peace 4. That's where I'm heading into with my hearing in 11 minutes. The other thing that you need to bring is all of the documentation. The judges are going to ask for copies and even though I've already emailed them and attached these when I did my filing online, I still need to bring them information to prove my point.

The first thing that I always bring is just the same documents that they already have, showing that I've filed with the county. Now the other is a receipt for the certified mail for the notice to vacate that I've provided to the homeowner. So that, the notice to vacate, needs to be provided 72 hours after ownership of the property has been taken. So if I buy a property like I did here, I have to own it for 72, I have to reach out to the homeowner and then I can send them this notice to vacate. Now the only thing that I like to provide is the tax record showing that I own the property because I bought this as a private investor, and if we go to the next page, you'll see that the house was foreclosed on. So I've got the notice to vacate, I've got the fact that the county agrees that I'm the owner of the property, then I also like to bring the chain of title so I have the settlement statement from the original owner of the property showing that they owned it, and then I've got my copy of the settlement statement showing that I own the property, so the people who were in there no longer have ownership.

Now the other thing that's kind of interesting is that this was a house where the previous investor had owned the house and sold it on seller financing, now the borrower the person who is currently in the house had defaulted and was actually foreclosed on. So I've also brought a copy of the foreclosure statement, showing that the borrower was foreclosed on. The chain of title on this is a person owned the house they did seller financing, the borrower defaulted. So the financier or the original seller foreclosed on the house then resold it to me as an REO property.

Now I own the property, the people who were in there that were foreclosed on are the ones who are being evicted. We're going to find out in about nine minutes whether they come and contest the eviction which you never know. Some people do, some people don't, some people like to put their head in the sand and act like this is all my fault that I'm this evil guy, but either way it only costs about 165 dollars to file and to have the sheriff come out and take care of removing someone from the property that gets a little bit more expensive because they cost, I estimate about 80 dollars an hour to have two guys out there, so if you do have any questions about this deal or any of the others that we have going on, feel free to reach out otherwise let me know if you have questions.

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