Selling or leaving on better terms

Ask early whether the sale date will be postponed while an offer is reviewed, and get any deficiency waiver in the approval letter.

• Hardship letter explaining why you cannot keep the home
• Signed third-party authorization so the servicer may talk with your agent, counselor or lawyer
• Listing agreement with a Texas-licensed agent (check the license at trec.texas.gov); ask for a short-sale clause that lets you cancel if the lender does not approve
• Signed purchase contract from an arm’s-length buyer
• Estimated closing statement (net sheet)
• Financial package (income, bank statements, tax return)
• Any second-lien and HOA payoff statements

Get the release of any deficiency and the move-out date in writing before you sign anything.

• Hardship letter and the financial package
• Proof you tried to sell first (listing agreement, price reductions) — many investors require it
• A list of EVERY lien and debt against the home (second loan, HOA, judgments, tax liens)
• Utility and HOA account information for the move-out
• Written deficiency release and move-out date before you sign the deed

Texas: a lender may void a deed in lieu for up to four years if a lien was not disclosed (Prop. Code § 51.006). List every lien.

1. 1

   Know the timeline

   After a sale the new owner must give written notice to vacate (3 days for a former owner in Texas) and then win an eviction suit in justice court before a writ can be issued. That process gives you a window to negotiate.

2. 2

   Ask, in writing

   Ask the new owner or its agent whether it offers relocation money in exchange for leaving by a date. Government-insured loans often have set amounts (FHA: up to $7,500 within 30 days, $5,000 within 60 days).

3. 3

   Get the terms on paper

   Amount, move-out date, condition required (broom-swept, fixtures left), how and when you are paid, and that the eviction case will be dismissed or not filed.

4. 4

   Document the move-out

   Take dated photos and video of every room, leave keys as agreed, and keep a copy of everything.

No one may remove you without a court judgment and a writ served by an officer.