After a Foreclosure Sale takes place, the Successful bidder receives Title to the property.    However, they cannot simply take possession if the prior Owner still resides there.  They must follow a process to remove them.  Failure to follow the necessary steps can result in disaster for the new owner.  Therefore, to avoid facing negative consequences, it is important to speak to an Attorney experienced with these matters. To learn about whether Prior Owners Receive Notice to Vacate after Foreclosure, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.

What happens if the New Owner Discovers the Prior Owner in the Property after Foreclosure

The Successful bidder at a Foreclosure Sale must wait ten days until the Certificate of Title is issued.  Thereafter, they become the new owner of the Property.  Unfortunately, they may find that the prior owner is residing there.  While it may seem frustrating, they can still avoid the process that is required for the removal of Tenants after a Foreclosure Sale.  In other words, they can file a Motion for Writ of Possession instead of sending them notice.  Since the new owner has knowledge of the prior owner’s presence, notice is not required.  They are not afforded the protections that Tenants receive.  After the Court grants the Motion for Writ of Possession, a Writ of Possession will then be issued by the Clerk.  As a result, the Sheriff can execute the Writ and allow the New Owner to take possession of the property.

Removing the Prior Owner after a Foreclosure Sale takes far less time than it does for Tenants.  However, the New owner must be sure that the Individual residing in the property is the Prior Owner.  If they attempt to remove them through the Courts and it is determined that they are not the prior owner, there could be substantial delays.  They will then have to send the occupants at the property notice requesting their status at the property.  While the urgency to take possession is essential for new owners is essential, they still need to comply with the laws.

If you have questions whether Prior Owners Receive Notice to Vacate after Foreclosure, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552. We are your South Florida Landlord Lawyers with 19 years of handling Evictions throughout South Florida and all of Florida.