If a Homeowner fails to pay their Maintenance or Assessments, an Association can foreclose on them. As a result, their property will be set for Sale. After a successful purchaser becomes the new owner, they need to remove the occupants. However, it can be a lengthy process if they do not follow procedure. Therefore, if you need to remove Occupants after an Association Foreclosure Sale, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
How can a Successful Purchaser Remove the Former Occupants after an Association Foreclosure Sale?
Ten days after the sale, title is given to the purchaser. If they discover people residing in the property, they need to determine if they qualify as Bona Fide Tenants. This means that they cannot be the former owner or the child, spouse, or parent of the former owner. In addition, the Lease must be the result of an Arms-Length Transaction and rent cannot be less than fair market value.
How do they contact the Occupants? They must send a certified letter informing them that if they are Tenants, they have 90 days before being evicted. However, if they have a lease, they can remain until the end of the term. If the purchaser sells the property to someone that intends to reside in the property, the lease can be terminated upon 90 days notice.
If it is determined that they are not Bona fide Tenants, they can file a Motion for Writ of Possession. This is ideal because they do not need to wait 90 days. As a result, if the Court does not require a hearing on the Motion, they will direct the Clerk to issue the Writ. Thereafter, the Sherriff posts it on the Door giving them 24 hours to vacate the property.
While the process is straightforward, there is no room for error. Therefore, it is beneficial for a Successful Purchaser to speak with their South Florida Eviction Lawyer. If you need to remove occupants after an Association Foreclosure Sale, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.