We are renting this house for almost 3 years in Texas and our house owner doesnt pay the HOA so the constables came and brought a letter saying the house will be auctioned if she doesnt pay until Dec 4th. What kind of rights do we have and what are the chances of staying here? Do we have privilege in buying the house? Is it the best to sue her then? We really need to know what we are able to do because me and my husband are both working and going to college and it is very inconvinient for us to move out. Also we dont want to move out. We seriously dont know what to do further.
You need to consult a local Texas foreclosure attorney with experience with HOA's. But, generally, when there is an auction, the new owner will have to honor your current lease. When the matter actually goes to auction, it sounds like the Homeowner's Association is going to have a difficult time finding someone interested in buying the property and satisfying their lien with tenants in the property. Consult a local foreclosure attorney on this.
Landlord / Tenant Lawyer
There are a few options available for you but you need to speak to an attorney in your area so you can give more specific details. Seek someone who will give you a free consultation.