A Foreclosure Sale occurs after a Judgment is entered.  Thereafter, the successful bidder becomes the new owner. However, they may discover that an Individual is residing in the property.  This can be a headache but must be addressed.   Therefore, if you need to remove an Individual from a Purchased Foreclosed Property, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.

How Long Does it Take To remove an Individual from a Purchased Foreclosed Property?

The Removal Process can take between 30 to 45 days. After a Third-Party Purchaser becomes the new owner, they receive the Certificate of Title.  Unfortunately, they may discover that someone is residing in the property.  While it would seem that they should have immediate possession, they must follow the law to remove them.  Failure to do so can result in negative legal consequences.  The new owner must first determine if the individual is a Tenant or the prior Owner.  In most cases, Tenants remain in the property after the Foreclosure Sale.  This takes longer to remove them than the Prior Owner.

How Do I remove a Tenant that is still living in a foreclosed property?

First, you must send them a Letter.  It should contain the following:

1. Lease is Terminated.
2. They have 30 days to vacate.
3. If they do not vacate, you will file an action to remove them.
4. They must pay rent during the 30 Day period.

If the Tenant does not leave after 30 days, the new owner can file a Motion for Writ of Possession.  As a result, the Sherriff will remove them and their possessions. It is imperative that before filing this Motion the new owner confirms that the Individuals residing in the property are the actual Tenants.

Is the Former Owner entitled to the Letter if they still live in the property? 

They are not.  In fact, the New Owner can proceed with filing the Motion for Writ of Possession.  However, just because it is filed, it does not mean that they will be immediately removed.  The Court must grant the Motion.  If the Judge does not grant it, they should schedule a hearing to avoid delays.  As a result, the Court will enter a Writ that has to be signed by the Clerk and then sent to the Sherriff.

Buying a Foreclosed Property may come with people still residing there. This can be frustrating. The New owner must determine the status of the occupants residing there.  However, this is common in Florida.  If you need to remove an Individual from a Purchased Foreclosed Property, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.