If you are the successful Third Party Purchaser at a Foreclosure Sale in Florida, you may face the issue of having the prior owner still living in the property. How do I remove them? Under Florida Law, the new owner of a foreclosure property must give the prior owner or tenant still living in the property thirty days notice to vacate the property. This notice must be in the form of a letter from the new owner. If the prior owner or tenant does not vacate the property after thirty days, the successful purchaser can file a Motion for Writ of Possession in Court. Once the Motion for Writ of Possession is granted by the Court, the Court will then direct the Clerk to issue a Writ of Possession that the Sherriff will post on the property. This notice gives the Prior owner or tenant twenty-four hours to vacate the property. If they fail to vacate the property after twenty-four hours, the Sherriff will come to the property and remove all persons remaining in the property. If you are Third party purchaser at a foreclosure sale in Florida and need to remove the prior owner or tenant living in the property, contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552.
[…] Florida Statute 83.561 states that that “If a tenant is occupying residential premises that are the subject of a foreclosure sale, upon issuance of a certificate of title following the sale, the purchaser named in the certificate of title takes title to the residential premises subject to the rights of the tenant under this section.” Florida Statute 83.561(b) allows the Tenant the right to remain in the property for 30 days after the successful purchaser gives the Tenant notice that the lease will be terminated in thirty days. If the Purchaser fails to give the Tenant the required thirty (30) day notice, the ability to remove… […]