Military Service Affidavit

[armywife813]

My question involves real estate located in the State of: TEXAS

The house my husband and I are renting was recently foreclosed. There are a lot of things that I feel hurt the Plaintiffs case, such as we have been in contact with 2 different law firms one of which told us we had 60 days to be out before we would be evicted also we never received a notice to vacate or any written notice. I believe they notified the homeowner but we were renting through a property management company and we were never informed verbally or written that we needed to move until we received a notice saying we needed to appear in court. It has been less than 30 days since the house was foreclosed and we received a Petition for Forcible Detainer and with it was a Military Service Affidavit stating that the named defendant is not active duty signed and notatrized but my husband IS active duty military. Will this error in their paperwork effect the case? I used to be a property manager for apartments in FL and AK and with our evictions if we had an error in our paperwork we had to re-file everything or the case would be thrown out. I do not know if this is the same in this situation or in Texas.

I sincerely appreciate any advice.

[Mr. Knowitall]

If your husband wishes to seek relief under the Servicemembers Civil Relief Act, he needs to do so. His base legal office may be able to give him some pointers.