If you receive an eviction notice, it may feel confusing and intimidating. You may think you have no options and that you’re going to lose your home. However, this is not always the case. You may be able to appeal the decision and get a new trial with a different judge. Let’s look at how to appeal an eviction from your home in Texas.
.How Foreclosure and Eviction Work in Texas
When you receive a notice to vacate, it will include a time frame set for you to pay or leave. When this period ends, if you are still on the property, it will not be long before you receive a notice of eviction lawsuit and hearing date.
Receiving the notice of eviction means the new owner or lender submitted legal action to remove you from the property forcibly. The eviction lawsuit they file (unlawful detainer) states that you are illegally living on the property. This lawsuit is their way of saying they need you removed from the property immediately. At this point, it will not be long before a sheriff shows up at your door and physically removes you from the property.
Appealing Eviction From Your Home
You’ll need an attorney to handle the unlawful detainer if you decide to fight. There are strategies that skilled attorneys can implement to help you stay in your home.
Even after everything that has happened, you still have options if you face a notice to quit or an unlawful detainer lawsuit. The legal system provides a time frame, even after foreclosure or eviction, to allow you time to fight against removal from your home.
If you feel the court’s decision is unfair, you can appeal for a new trial with a different judge. However, you must hurry. You only have 5 days to submit all paperwork and applicable payments. Working with a real estate attorney can help you successfully file and fight your eviction and reclaim your property’s title.
When Foreclosure Appeal Makes Sense in Texas
It may make sense to appeal the court’s foreclosure ruling on your home in specific foreclosure situations. Some of these include if:
- The mortgage lender did not follow the required steps during the foreclosure process.
- The other side never served you notice of the foreclosure lawsuit.
- You have a valid claim or defense against the foreclosure.
- The original loan agreement contained fraud or misrepresentation.
Appealing an eviction from your home in Texas is a complicated process, but it may be worth it if you feel that the court’s decision was unfair. You only have five days to submit all paperwork and applicable payments to the court, so acting quickly is essential. Working with a real estate attorney can help increase your chances of success when appealing an eviction.
How Does the Foreclosure Appeal Hearing Work in Texas?
An appeal is a “rehearing” of sorts, where both sides present their case to a different judge. The Texas Rules of Appellate Procedure govern the rules of the appeals process.
You must file a notice of appeal with the court clerk within five days after the court signed the judgment, and you must pay the required filing fee (unless you file as indigent). The court will notify the other side of your appeal, and they may file a response. Once the court receives all papers, the court will schedule a hearing before an appellate court panel (a group of three judges).
At the hearing, each side will have an opportunity to present their case and argue why the lower court’s decision should be reversed or upheld. After both sides have presented their arguments, the panel will make its decision.
What Can I Do If the Court Disagrees With My Appeal?
If the appellate court panel does not agree with your appeal, you may file a petition for review with the Texas Supreme Court. Filing with the Supreme Court is a long shot, as the court only hears a small number of cases each year.
You may also have to vacate the property and pay any past-due amounts, plus interest, fees, and costs associated with the eviction lawsuit and appeal process. It’s essential to speak with an attorney before taking any further legal action to understand all your options and what would be best for your particular situation.
Working with an experienced real estate attorney in Texas can help you see your options clearly. Meeting with an attorney can give you a clear vision of your legal situation. If you decide to appeal, your attorney can guide you through the court paperwork needed for your appeal in addition to representing you at the hearing.
It is almost impossible to represent yourself well in an appeals hearing. Knowledge of civil procedure rules and Texas real estate law can give you the upper hand that you need to win a foreclosure appeal.
We Can Help
At Jarrett Law Firm, we take foreclosure eviction appeals cases seriously. With more than 50 previous clients seeking appeals for an eviction, our experience brings the knowledge you need for a successful foreclosure appeal. Schedule a free consultation today to discuss your case with us. Find out how we can help you take the next steps for your best-case outcome!
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