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After a judicial foreclosure how long does it take to get the writ of posession in florida

Fort Lauderdale, FL |

A 3rd party bidder bought it on the 6th of march how long do I have to live here, I am the prior owner.

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Attorney answers 4


After the foreclosure sale, you have no legal right to remain in the property. The amount of time you can remain as an illegal trespasser before the sheriff physically throws you off the property depends on how quickly the legal owner applies for a writ of possession.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.


After the sale, the sale has to be confirmed and a certificate of title issue to the purchaser. That process cannot occur in less than 10 days, often takes longer. It is even possible that the sale would to be confirmed at all.

Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.

Royce Brent Bishop

Royce Brent Bishop


We can only tell you how long you can legally stay there or how long before they can legally tell you to move out . . .how fast they move to remove you is something else. They have to file another lawsuit to have you removed. But you really dont' want to get served with another lawsuit. Hopefully you are talking to an attorney to minimize damages to avoid a deficiency judgment. Where the bank tries to collect from you.


The writ of possession can be obtained as early as a handful of days after the certificate of title is issued. The Hagen Law Firm always advises the borrower to be out NO LATER THAN the date that the certificate of title is issued and preferably earlier, by the date of the foreclosure sale. To be removed by the sheriff via a writ of possession is an experience to be avoided.


That is up to the owner of the property. You are behind the eight ball at this point. If you want to stay in the property, you need to file for a set aside of the foreclosure sale. We would be able to advise you on how to do this.

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