Councilman Victor Hernandez filed a temporary restraining order on Monday to keep his foreclosed home from being auctioned off on Tuesday.
The property is in the 2600 block of Valley View Drive and was purchased in 2005. According to Texas law, the sale of the home had to take place at the County Courthouse on the first Tuesday of the month after it was filed between 10 a.m. and 4 p.m. Yesterday's auction was set to begin at 1:00PM.
We spoke with local real estate attorney Ronald L Sanders to help us better understand the process.
He said he couldn't specifically comment on the situation with Victor Hernandez, but he told us while temporary restraining orders are not common in real estate, he has filed them before on behalf of clients. In those cases, Sanders filed them because he felt the foreclosure process wasn't being handled properly.
There is a fee for filing the order. A hearing may be held up to 21 days after the order is filed.
If the person filing doesn't have a legitimate reason to stop the sale, they pay a fine and the whole process starts again. If the court determines that there is a legitimate reason to stop the auction, a legal order is filed giving them time to pay their debt.
For example, if a person can prove they have been paying their mortgage but the mortgage company is still going forward with the foreclosure.
We reached out to Councilman Hernandez for comment, but have not been able to contact him as of Wednesday night. His hearing is expected to happen later this month.
Copyright 2013 KCBD. All rights reserved.