Writ of Possession??

Question

Do most writ of possessions usually go smooth? Or is it really a pain to evict an owner who lost his house at a a foreclosure auction. I was the winning bidder and the owner still lives on the property.

Wayne Brooks · Answer

Yes Jon K, sile means simple.
In Florida, we have a Writ Of Possession procedure, for previous owners, which is simpler than an eviction.  Each county is slightly different.  But I agree you should just go talk to the owner. He knows the law, the 10 day delay for getting a certificate of title, etc. , he knows what's coming.

Jon Holdman · Answer

Maher Bateh you really must spend the money and consult with an attorney to be sure you follow the proper process.

A little googling tells me there is a similar process to what Joel describes.  You post a notice giving them a time to leave.  If they don't, you proceed with the process and, after a few weeks, get the writ of possession.  You can't get that right off the bat.

Here in CO, you have to wait a certain time after the sale before you can post the notice.  IIRC, its about two weeks. There is no owner redemption period here, but junior lienholders do have redemption rights.  I'm not sure what the exact process is in FL, but it appears there a similar 10 day waiting period before you can start the eviction process.

The former owners should be well aware of what the situation is.  You don't have to worry about "tipping them off".  Offering them a few grand for cash for keys may be the quickest way to get them out.  If you have to go through the eviction process, then get a lawyer to help you be sure you're doing it correctly.

Joel Owens · Answer

You have to get technical with the terms.

Your state is probably different. In my state you have to give a 3 day notice to vacate, then if they do not vacate you have to go file for dispossessory, after filing in about 7 to 10 days the Marshall serves that notice. The notice gives them about 7 to 10 days to file a response with the court and then a date is set. If the tenant does not show up the judge will grant possession in your favor. I then have to go file an pay the 20 for the writ of possession.

Then in batches the writs and transferred to the Marshalls office where depending on how backed up the Marshalls are they could come out in 1 weeks or 5 weeks. The Marshall calls you on the phone and asks for a date for you to be there with your crew to put the tenants things out.

Now I have heard of some states where if the situation is a foreclosed owner you can just get them out faster and get a writ but that is not my experience here in Georgia. They are considered a holdover tenant where you must go through eviction if the former owner. If they are a tenant that was paying rent they have different protections.

You might want to spend a few hundred to talk to an eviction attorney local to your  area for thoughts and suggestions on what is best.

Maher Bateh · Answer

Joel, so you don't agree with filing a writ of possession? Btw, I was planning on rehabbing and retailing.

Joel Owens · Answer

Maher how would you not (tip them off)??

Notice has to be given you can't just show up with no notice and throw people out. There is a process for everything. Now you could file eviction and they mail the summons and tack it to the door and they never receive it but they have been given notice. Even though they didn't respond they still know what is coming. The thought you will just come there and knock on the door and say surprise you are evicted without them knowing or doing damage to the property isn't going to happen. Now that doesn't mean they forget about the notice and stay in denial. That is why the Marshalls are typically there to keep the peace and if the former owner starts damaging stuff they will be arrested and taken away.

Joel Owens · Answer

Hi Maher,

So you now own this property and have title to it correct??

For the state it is located in what is the former owners rights?? For example are their any post redemption rights for the property??

If there are not post redemption rights then you are just looking at getting control of the property now that you own it.

Eviction laws vary by each state which is why it is so important to know the correct process and timeline. If you do not follow correct procedures you could have to redo it over again.

Before approaching the former owner what is the end goal?? (why you bought the property to begin with).

Are you holding it for a rental, fix and flipping it, or whole tailing it (reselling right away with little to no repairs for a profit), living in it?? The goal is to be nice with the former owner and try to work out a solution. Now that the former owner no longer owns the property what do they need to solve THEIR problem?? Banks usually offer (cash for keys) to get the former owners to leave. If you think you will tell the former owners you bought the property and to just get out you will not have a great outcome from that and anger them.

They just lost their house and might have no solutions. If you come in a kick them while they are down they are liable to get angry and trash the place and say (nobody will have it). This is why other investors offer solutions such as cash for keys, pay for a moving truck, etc. Whatever it takes to get them out in a timely manner as long as it is reasonable. People respond better inmost cases when they are presented with help and solutions. Yes there are some that are working the system on purpose but that is not the majority and the goal is to still get them out.

Jon Klaus · Answer

Typo for simple. I think.

Maher Bateh · Answer

Btw, what does sile mean??

Maher Bateh · Answer

Didn't have one. Don't want to tip him off so he doesn't destroy the place. You agree with the strategy?

Wayne Brooks · Answer

Apparently in Duvall county it's pretty sile.  Start with the clerk of courts, they'll tell you exactly what you need to do.  What was the conversation with the owner like?