Fort Lauderdale 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
As a result of the Act, those who purchase properties at a foreclosure sale must allow tenants 90 days to vacate if the new owner intends to make the property his or her residence.
Once the writ is granted, a sheriff will notify the previous owner (now technically your tenant) that they've been divested of the property and are expected to leave the premises within 24 hours.
Tenants require at least 90-days' notice for eviction. If the tenant does not vacate the property within 90 days, or the previous homeowner does not vacate the property after the foreclosure sale is confirmed, the purchaser can file a motion for writ of possession with the court.
Legally, you must continue to pay rent to your landlord during the foreclosure process.
A Writ of Possession may be issued, after a Final Judgment of eviction has been entered by the Court. The issued Writ of Possession is then delivered to the Sheriff's office to be served upon the Tenant and who, if necessary, will forcibly evict the Tenant after 25 hours from the time of service.
Step 5: Being Evicted This notice, called a ?writ of possession,? is given to the sheriff. The sheriff then posts this notice on the tenant's rental home. The tenant then has 24 hours to move out. After 24 hours, the sheriff or landlord can forcibly evict the tenant and padlock the door.
Fortunately, Congress passed the Protecting Tenants at Foreclosure Act of 2009, which now provides much greater protections for tenants. Under the Act, anyone that purchases a property at a foreclosure sale is required to give tenants 90 days notice to vacate the property.
Step 5: Being Evicted This notice, called a ?writ of possession,? is given to the sheriff. The sheriff then posts this notice on the tenant's rental home. The tenant then has 24 hours to move out. After 24 hours, the sheriff or landlord can forcibly evict the tenant and padlock the door.
Renters in Foreclosed Properties No Longer Lose Their Leases The tenant could stay at least until the end of the lease, and month-to-month tenants would be entitled to 90 days' notice before having to move out (this notice period is longer than any state's non-foreclosure notice period, a real boon to tenants).