I am renting a home in Miami, FL. The house was apparently in foreclosure and I received a 24 hour notice from the sheriff yesterday. Two years ago I received a visit from a supposed Fannie Mae rep who said I could stay living there if I paid $600 to the rep. I have been doing so for two years and now I find out that Fannie Mae is not even involved. I filed a third party affidavit to stop the writ. How long will this delay the eviction and is there anything else I can do to further delay the process so I can find a place since I had absolutely no knowledge of this.
Maybe. You need to notify the judge issuing the writ via letter ASAP about the situation. That may force the judge to hold issuing the writ.
John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.
Florida Rule of Procedure 1.580 provides that the writ of possession can be put on hold until a judge decides the rights of a third party. The question is if you are a third party against whom the writ was not issued? If so, filing the writ will prevent the sheriff from executing on the writ until the judge determines your rights as a third party. Now that you have filed the third party writ, you must make an application to the court to be heard on your position. If you have an effective lease, you can file it with the court and claim protection under the protecting tenants in foreclosure act which may allow you to stay on premises for a minimum of 90 days after foreclosure.
DISCLAIMER NOTICE-- The above is a general response to the questions posed. This is in no way intended to create an attorney-client relationship, and should not be relied upon as legal advice. You are advised to seek the assistance of legal counsel for a complete review of your case and specific answers to your questions.
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