I have bought a property in the auction of Miami dade, I have received the CT and went yesterday to the property, knock the door and the EX-homeowner, told me that he is not leaving, I told him that I will evict him... then he told me that he will take everything from the house, (AA, doors, windows etc.), Can he do it? can I call the police if he starts to do it? legally its my property and he will be damaging it.
Real Estate Attorney
I will add just a bit of info about the Writ of Possession. If it is determined that the person is not a tenant afforded protection by the Protecting Tenants at Foreclosure Act (your lawyer will be able to determine if he is "bona fide"), then you should schedule a Writ of Possession hearing as soon as possible. If at the hearing, the occupier cannot show that he is a bona fide tenant, then the judge will order the Writ of Possession issued, the Clerk will sign it, and it can then be taken to the sheriff's office for the sheriff to deliver it. The Writ demands that the occupier vacate within the specified number of days. The sheriff will then return a few days later to make sure that the occupier has left. If not, he will be forcibly removed as a trespasser. If the sheriff calls and asks if you still need them to return and make sure the occupier has left, make sure that you say YES -- even if the unit is already vacant. If you fail to complete the Writ of Possession process, the occupier may be able to return to the property, forcing you to start the process over.
To answer the other part of your question, NO. He is NOT allowed to take FIXTURES from the house. Whether an item is a Fixture depends on how it is connected to the home. For example, appliances that are "hard wired" to the home are Fixtures. They are a part of the home and cannot be legally removed. A refrigerator that simply plugs into the wall is personal property and can be removed by the owner, but a refrigerator that has been built-in to the cabinets likely is a Fixture and cannot be. However, in order to legally remove those personal property items, the owner must have done so before the Foreclosure Sale. Technically, then, everything that is there now that belonged to the previous owner is now yours. Of course, I am sure you don't want his dirty socks, but you might want the refrigerator, blinds, curtains, furniture, etc. If the occupier is a tenant, then his personal property is still his and can be removed.
The biggest risk to the property is between the time you give notice to the occupier of the Writ of Possession hearing and the date the sheriff returns to ensure he has vacated the property. If your home has a community association (homeowner's/condo), then inform the management of the situation and ask them to have security keep an eye on your home. They do not want a damaged home in their community either. Make sure you have insurance to cover theft. If the occupier goes through with his threat to strip the home, it will be easier to collect on an insurance claim than to track down the thief, sue him, get a judgment, and enforce the judgment.
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CT = Certificate of Title (not mere Certificate of Sale). So, more than 10 days after the sale date, you received a certificate of title. You are now the legal title holder of the property regardless of any possible other equitable interests if any (ex: prior consent liens, unpaid taxes, unpaid association dues, judgment liens, equitable claimants in possession, and tenants in possession). Assuming you did a sufficient search so that there are no other interests of record (i.e. liens of record, taxes, judgments), there may still be issues with the other category of equitable claimants. Are you sure it was the owner you spoke with and not a tenant? If a tenant, they may have rights to stay there for another 90 days. The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) changed the expiration date from December 31, 2012 to December 31, 2014. If the person was someone not a tenant, but living there under a claim of ownership, then it depends on whether they were served process or not as to whether they can be evicted. You might have to file for an ejectment. However, no one should be damaging the property and while you are the owner you have rights to claim vandalism and should. Nevertheless, you might not find the police very sympathetic or helpful under these facts. The person in possession would have to cause the damage first, and then you would be filing the complaint. The police will not likely act at all on that threat alone. You many need a civil injunction order to possibly prevent such bad acts. However, your next step is to ask the court for the writ of possession and brace yourself.
The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many other important facts to consider. Also, the law is constantly undergoing change, so what may be correct today, may not be accurate tomorrow. Only a full consultation with an attorney experienced or knowledgeable in the specific legal subject matter is likely to result in the optimal course of action. My practice has entailed more than a 30 year span of many real estate, personal property, and bankruptcy issues. Find out more about me at: FloridaPropertyLitigation.com.
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Landlord / Tenant Lawyer
Attorney Russo gave a great answer.
I will add that you should go see a local landlord tenant lawyer or real estate attorney and find out if you can put in a motion for the Writ of Possession on the foreclosure case.
You should get a copy of the Final Judgment in the foreclosure case, that might answer a few questions.
If he is the former owner, you should be able to use the existing foreclosure case.
If the occupant is a tenant, you will have to give 90 days' notice that you purchased and are giving notice that he needs to move out in 90 days after receiving the notice. Send it certified mail and a copy regular mail. He will have to pay rent even during the 90 days.
Make an appointment today to get an attorney.
The attorney should be able to put in a motion to stop the occupant from taking or destroying the property and fixtures.
You may wish to give notice that you are entering to do an inspection, as well.
Take lots of pictures.
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I agree with both of the answers, the only thing I would add is that calling the police to keep the peace when the person is finally forced to leave the property is always a good idea. In fact, that is the reason why it is the police that serves the writ of possession.
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