Writ of Possession, Purchased home in FL at foreclosure auction
Hi All,
I've purchased a few properties through foreclosure (county auction), and this is the first one where the previous homeowner hasn't left the premises or accepted CFK. The previous homeowner is adamant about staying, and its requiring me to get a Writ of Possession to obtain possession. I was able to get my motion for Writ of Possession approved, the Writ has been issued to the Sheriff.
Here's my strategy:
1. Wait until Sheriff calls and tells me what time to meet him.
2. During the meeting/enforcement of Writ, I will enter the property and change the locks.
3. I will walk through the property and take pictures of any belongings that are left.
4. If not a big job, I will move out to the driveway/curb of the house myself. If it's substantial, I will hire movers (perhaps might happen the next day),
A few questions:
1. As I understand, the Sheriff places a notice on the property informing the previous owner/tenant of Eviction. Then he returns 24-72 hours laters. Prior to returning the second time, the Sheriff will call me after the notice has been posted, and he will discuss with me what time he will be back to fully enforce the Writ. It is at at this time, where I need to change the locks and possibly move out the tenants belongings. Is this how it works?
2. When I meet the Sheriff at the property, where he ensures the tenant has left, can I simply show up there by myself (without movers) to assess the situation to determine if I need to hire movers? Or am I required to start moving out the belongings immediately? (Can I delay the actual moving of his belongings by a day or two?)
3. Any tips, or contacts for locksmiths and movers to help with this in South Florida? (I am in Ft. Lauderdale).
Any help will be appreciated.
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I've only had to do it once, but as far as I know you have to remove the person's belongings, to the curb, on the spot while the deputy is still there, to ensure you haven't locked any of their possessions in there when you change the locks.
Allen,
If it were me, I would look into a cheap but useful tool also, a video system. Even if it's not hooked to the Internet. It may deter squatter from trying to enter even after the locks have been changed. And it is good advice t have a small crew ready to move out anything that day. If you have questions about what can happen that day contact the sheriffs office, I'm sure they would be glad to go over it with you.
Good luck and God Speed,
Michael
'
@Wayne Brooks is right, I've only had to do this once myself as well. You must have the movers, or the capability of moving the belongings to the curb when you meet the Sheriff there the day that he physically removes the previous owner. As well as the locksmith. Lucky for me, the owner had already vacated when we went back the 2nd day, BUT he stole the A/C & AHU and destroyed the walls in the process.
Hi Allen,,,
Like you I purchased a house via the county foreclosure auction. Same situation prior owner refuses to vacate property.
I have been looking for a Writ Of Possession Form that specifically is used for the purpose of post foreclosure filing with the Circuit Courts.
If you have a copy of one in your files, would you mind emailing me a copy as an example, so that I can create one appropriate for my County Court House. Or if there is a fill in the blank form that you might know about.
The only type of Writ Of Possession that I have found has to do with Landlord / Tenant Evictions.
Thank you in advance for your help in this matter,
Alex Jimenez