We recently had a tenant's property go into an online auction and the winner had listed someone with same name as the tenant as alternate pick up person. I spoke with the winner and told him that the online auction company we use had canceled the bid because of the name listed so the unit had been given to the bidder below him and he would not be able to pick up the contents on the unit.
I gave the unit to someone else after I canceled the bid but it wasn't until 7 days later. in the meantime the tenants reached out several times to attempt to satisfy the lien. I told them the property had already been retrieved. I was then told by tenant that they had the right to purchase their unit in the public sale because it's the law in Texas. They also mentioned that they had spoken to the auction company and were aware that I had canceled the bid so they were aware of their unit not technically being sold and therefore they should be able to legally pay the lien in full and retrieve their property.
The day that I received the money for the unit from the people that I let buy the unit the former tenant happened to be driving by just as they opened the unit and they came in. The tenant was crying and asking them if she could pay them whatever they had paid so that she could retrieve the property but I wouldn't allow her to continue to bother these people and called the police to have her trespassed.
When the police arrived she told them that I was the one that had broken the law and that they were witnessing a theft in progress and they had a duty to intervene. Of course the officers didn't and threatened to arrest her if she didn't leave the property immediately and of course she threatened to sue them as
The police thought it was even ridiculous that we would allow them to buy the property back at an auction since they owed us money and laughed at her lawsuit threats. I don't see it being possible, but is anything she said even true?
If it is a public auction (and that is what is called for under chapter 59) then the owner of the unit or in this case a proxy can bid on the unit. If you know in advance the unit owner is bidding on their unit and you don't want them to retrieve their stuff on the cheap, as facility owner, you can also bid on the unit. And bid it up as high as you desire. I have done that back in the days when I held live onsite auctions rather than the online auctions currently done.
595 Round Rock West Drive, Ste. 503Round Rock, TX firstname.lastname@example.org