Florida laws and procedure for eviction of previous owner

Florida laws and procedure for eviction of previous owner

Investor · Jupiter, FL · Member since 2015 · 54 posts · 5 votes

Hello BiggerPockets community! This is my first post. I'm a new member and new to real estate investing. I've recently (2 days ago) made a cash offer from a third party auction site of a REO single family property. I won the bid, seller accepted offer, earnest money wired, contract signed by buyer and seller, proof of funds accepted. I'm just waiting for the closing.

The property is previous owner occupied.  What is the best way to move forward with gaining possession of the property and how to handle the eviction?  I've found out that the occupiers are an elderly couple and I want to handle with care.  With the 'Protecting tenants in foreclosure act' expiring on 12/31/14, I'm a little unclear on the occupiers rights in this situation. According to this article http://www.dreyfusslaw.com/articles/What-Is-The-Eviction-Process.htm I can evict in 3 days unless they seek some sort of extension or legal advice.  Should I offer 'cash for keys' or move forward legal eviction? When can I legally begin to communicate with the occupiers (offer accepted, contract signed, just waiting for closing)?  Should I approach them in person and try to fact find and negotiate face to face?

This is my first investment in real estate and the goal is to repair and flip. My metrics and profit potential look very attractive on paper, but getting started is the first hurdle.

This looks to be an amazing forum and hopefully someone might be able to help.  

Looking forward,

Pat

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  • Dover, OH · Member since 2015 · 18 posts · 2 votes
    11y

    Hello @Pat C.! I am inexperienced but from what I've read cash for keys would be the easiest and may be the most considerate route.

    Hopefully this isn't why the owner sold in the first place : /

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    11y

    With a foreclosure, you'd actually go back to the foreclosure court, under the same foreclosure case number, and get a Writ Of Possession from the court, similar to an eviction of a tenant.  Of course, a cash for keys would be quicker.  You'd need to file a motion for it, and set a hearing on the UMC calendar, which is quicker than a special set hearing, about 2 weeks, and provide notice to the former owners.  Attorneys can do this fairly simply.  I wouldn't hesitate to contact the owners, in a resonance, respectful way.  They know it's coming, and a personal touch will likely make it smoother.

  • Paradise, CA · Member since 2015 · 1k+ posts · 871 votes
    11y

    They are not subject to protection of the PTFA of 09'. Previous owners and family members of owners are not covered. That's NOT to say there aren't state laws that may cover them but again PTFA wouldn't apply.

    Cash for keys works better in this scenario always...

    I wouldn't approach them until you have the proverbial deed in your hands...but that's just me.

  • Investor · Jupiter, FL · Member since 2015 · 54 posts · 5 votes
    11y

    thank you very much for the replies!  I will begin with a cash for keys offer.  What do you think would be a normal offer on a singe family home with an estimated value of $150k?

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