I recently filed the paperwork for an Order of Possession against an occupant in a recently purchased foreclosed home in Charlotte, NC. Can anyone tell me the typical time it take for the Court to process the paperwork and issue the Order to the Sheriff? Thanks in advance.
Kurt, My property manager had to evict a tenant last year from a duplex I have in Charlotte. It took about a month to complete the eviction process. Then they put padlocks on the door and then there was a ten day waiting period. Not sure if the eviction process is similar to your process but thought I'd share my experience. If you feel you need help a great contact is Kevin Stringari. He runs a company called Bottom Line Realty and Management in Charlotte. He's very responsive, great customer service and great management. Stay away from TR Lawing. They are one of the oldest property managers in Charlotte, one of the biggest and they have AMO accreditation. So they look good on the surface but they have bad customers service and their vendors charge unrealistic amounts. Save yourself the pain and stay clear of them.
I am a Property Manager in Charlotte. The time frame is as follows.
1-Certified Letter to Tenants
2-Filing at Court
3-Court hearing 2-4 weeks after filing
4-Tenant has 10 days to appeal.
5-Landlord must wait the 10 days and then File Writ of Possession
6-Sheriff evicts about 1-2 week after receiving Writ of Possession
Let me know if I can be of any assistance.
Thanks for the reply. My questions was more specifically for a foreclosure eviction where there is no lease in place. The Special Proceedings department has to "Audit" the paperwork you submit before approving the Order of Possession to send to the Sheriff. How long does their Audit usually take?
I got my answer. Maybe this info can help someone in the future:
1 - Give notice to vacate the property on Day 1
2 - Wait 10 days then file the Order of Possession paperwork (packet from Special Proceedings Desk)
3 - It took Special Proceedings 28 days to process this paperwork
4 - Once approved, pay the fee ($25 for order, $30 per person you are kicking out)
5 - 1-2 weeks for Sheriff to remove the occupant.
Total - 45-52 days to process an Order of Possession after a foreclosure sale.
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