How to I evict a previous owner in a property i bought at a foreclosure auction in Florida
I recently purchased a property in Hillsborough County through a foreclosure auction. The previous owner still resides in the property. I need some assistance and guidance in how to properly evict him in Florida
Answered First, you cannot do anything until a Certificate of Title has been issued to you. Once you do that, the first step is generally to demand that the prior owner leave.
If the prior owner refuses to leave upon your demand, you must have the Clerk issue a writ of possession. Often, the final judgment of foreclosure specifically authorizes the Clerk of Court to issue this writ upon your request. If that language is not in the final judgment, you would need to file a motion with the court to enter such an order authorizing the Clerk to issue the writ.
Contact the Clerk to make this request. Depending on the circumstances, the Clerk may do this by phone call or personal visit, but you may have to make the request by a motion asking the Clerk to issue writ of possession.
Once the writ issues, give it to the Sheriff. The Sheriff will go to the property and post a 24-hour notice to the former owner (although the Sheriff may give the owner a weekend).
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The information provided in this and other answers on Avvo are general in nature and limited to the facts as stated. The information provided in this and other answers on Avvo should not be construed as legal advice on which the reader relies without further consultation with an attorney. No attorney-client relationship is created on Avvo question & answer forums. This attorney is licensed and admitted to practice law in the State of Florida only.
Answered I agree with the prior advise, however the standard foreclosure final judgment in Hillsborough county does not include an order for writ of possession. If it is the original owner residing in the property you should be able to file a motion for writ of possession, but if it is a tenant there is a Federal law known as the Protecting Tenants at Foreclosure Act, which has additional requirements you must consider. In either case I recommend retaining an attorney to assist in these cases, to prevent additional delay in vacating the property.
Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's... more
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