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Texas justice court (JP court)

Eviction (forcible detainer) after a sale — justice court

After a foreclosure sale, the buyer sues for possession. The justice court decides only who has the right to possession now, not who owns the house.

General courtroom guidance, not legal advice. The papers you received (the citation, the notice, the court's order) set your real deadlines. Free legal aid can review your plan.

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What happens

  • You receive a citation with the trial date. Go — if you do not appear, you can lose automatically.
  • The buyer shows the foreclosure deed and the notice to vacate; you can respond.
  • If you lose, there is a short deadline to appeal to county court, usually with a bond; ask the clerk the same day.

Who is there

  • The justice of the peace
  • The buyer or the buyer's lawyer
  • You (the homeowner)

What to bring

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What the judge may ask — practice cards

Question 1 of 3

“Did you receive a notice to vacate?”

How to address the judge

Say "Your Honor" when speaking to the judge. Say "Judge" if you forget — that is fine too.

Courtroom manners

  • Arrive at least 30 minutes early; security lines can be slow.
  • Dress neatly, as for an important meeting. Silence your phone.
  • Stand when the judge enters and when you speak, unless told to sit.
  • Speak only when it is your turn; never interrupt the judge or the other side.
  • If you do not understand a question, say so and ask the judge to repeat it.
  • You may ask for a court interpreter. Ask the clerk before the hearing day if you can.

How to present your papers

  • Bring three copies of every paper you want the judge to see: one for the judge, one for the other side, one for you.
  • Put them in date order and number them (Exhibit 1, 2, 3…).
  • Ask: "Your Honor, may I hand up Exhibit 1?" Wait for permission before walking to the bench.
  • Envelopes, certified-mail receipts and postmarks can prove dates — keep them.

How to mention a case

Say the case name and citation slowly, then one sentence on why it matters: "Your Honor, in Sauceda v. GMAC Mortgage, 268 S.W.3d 135, the court held … Here, …". Hand the judge and the other side a printed copy if you can.

What not to say

  • Do not call anyone a liar or a crook. Say what the papers show instead.
  • Do not guess. If you do not know, say "I do not know."
  • Do not promise payments you cannot make.
  • Do not bring up things the judge cannot decide today; stay on the question in front of the court.
  • Do not spend your time arguing the foreclosure was wrong — that belongs in district court (Rice v. Pinney). Say if you have such a case pending.

Rules to read

  • Tex. R. Civ. P. 510
  • Tex. Prop. Code § 24.005

Cases that may help at this hearing

  • Homeowner wonBinding

    Ogden v. Gibraltar Savings Ass'n

    640 S.W.2d 232 · Decided 1982

    Mr. Ogden owned a house in Corpus Christi. After he fell behind, the savings association posted a trustee's sale and sold the house. He sued for wrongful foreclosure and lost in the lower courts.

    Why this case

    • It deals with wrongful foreclosure, which is part of your situation.
    • It involves mortgage foreclosure, like your case.
    • Courts deciding your case must follow it.
    Read the case
  • Homeowner lostBinding

    University Savings Ass'n v. Springwoods Shopping Center

    644 S.W.2d 705 · Decided 1982

    A substitute trustee conducted the foreclosure sale, but his appointment had not been recorded. The owner sued for wrongful foreclosure.

    Why this case

    • It deals with wrongful foreclosure, which is part of your situation.
    • It involves mortgage foreclosure, like your case.
    • Courts deciding your case must follow it.
    Read the case
  • Homeowner lostAppeals court in your state

    Rice v. Pinney

    51 S.W.3d 705 · Decided 2001

    After a foreclosure, the buyer sued the Rices for possession in justice court while their wrongful-foreclosure suit was pending in district court. They argued the eviction court had no power to act.

    Why this case

    • It deals with eviction after a foreclosure sale and wrongful foreclosure, which is part of your situation.
    • It involves eviction, like your case.
    • The homeowner lost this one. It shows what courts have not accepted, so you can prepare for that argument.
    Read the case

You are not the first

People have stood where you are standing and been heard. These are real, sourced outcomes.

  • $2 billion

    Servicing errors led to $2 billion in principal reduction

    Federal and state authorities ordered Ocwen, then the largest non-bank mortgage servicer, to provide $2 billion in principal reduction to underwater borrowers and $125 million in refunds to people already foreclosed on, over servicing misconduct.

    Source: Consumer Financial Protection Bureau
  • $73 million

    About $73 million returned to more than 40,000 borrowers

    A federal court order in the CFPB's case against Nationstar (Mr. Cooper) required about $73 million in redress to more than 40,000 harmed borrowers, including distressed homeowners.

    Source: Consumer Financial Protection Bureau
  • $9.961 billion

    Homeowner Assistance Fund

    The federal Homeowner Assistance Fund provided $9.961 billion, distributed through states, territories and tribes, to help homeowners facing hardship. Programs and deadlines vary by state; ask your state housing agency what is still open.

    Source: U.S. Department of the Treasury
  • Free / low cost

    HUD-approved housing counselors

    HUD-approved housing counseling agencies can give independent advice, often at little or no cost. The CFPB keeps a searchable list of counselors near you.

    Source: Consumer Financial Protection Bureau

Recent homeowner wins in the library