If you are the successful bidder at a Florida foreclosure auction and yet, after the issuance of the Certificate of Title, the prior homeowner refuses to leave, then you must move for possession.  This is not a full blown eviction procedure. Rather, you are required to file a Motion for Writ of Possession in order to have the Judge Order the prior owner out.

This also requires a hearing before the Court.  Often, the prior homeowner will show up and complain to the Judge for mercy. The prior homeowner will tell the Judge they were negotiating a loan modification with the bank or “they have nowhere to go”.  While the Courts have mercy and sympathy for these homeowners, truth be told, by the time the property sells at the foreclosure auction, they have already been living on the property, rent and mortgage free, for numerous years. It should not be any surprise that they need to relocate.

At the Law Offices of Jacqueline A. Salcines, PA we have been assisting Defendants with their foreclosure defense and third party bidders with obtaining possession of properties rightfully belonging to them, for over 18 years.