Florida Foreclosure Purchaser's Writ of Possession to Evict Tenant
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How to fill out Florida Foreclosure Purchaser's Writ Of Possession To Evict Tenant?
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FAQ
If the property you bought is occupied by the former owner (the person who defaulted on the mortgage and lost the house to foreclosure), you must use the "formal" eviction process.The "formal" eviction process can be complicated. Formal evictions are subject to more and stricter rules than "summary" evictions.
An occupied property is as it sounds, one with people living inside it at the point of purchase. The previous owners could be there, or a tenant, who may or may not have a valid lease.
You must file the motion at the clerk of the county court where the case was filed and deliver a copy to the judge that ordered the writ. The judge is the only one who can stop the sheriff from putting you out.
After entry of the judgment, the Clerk will issue a Writ of Possession to the Sheriff describing the premises and directing them to put the landlord in possession after 24 hours. This whole process typically takes between 14 -21 days in FL.
Once the Writ is served by the Sheriff, the tenant(s) are required to vacate the property within a short time frame. In Florida, it is 24 hours. If the property is not vacated within the time frame, the Sherriff can then physically remove all persons and belongings from the property.
In Florida, a renter's right to remain in the property cannot be terminated unless they have been named as a party in the foreclosure lawsuit. Unfortunately, state statutes require no advance notice of impending foreclosure action against the property's landlord be supplied to the tenant.
The notice must be in writing, and must give you 3 days to pay the rent or leave (vacate). The 3-day time frame does not include weekends, holidays, or the day the notice is given. If you offer to pay the full rent within that time, your landlord must take it.
The eviction process can take anywhere from two weeks to several months, depending on where you live. Once the landlord has obtained an eviction order from the court, you typically have around five days to move out.