Can a property owner be refused entry into their house bought at foreclosure in the first 10 days of purchase?
Question: Do I have the right under Florida Law to protect my purchase at the courthouse (for cash) within the first 10 days? Can the new owner who buys a foreclosure at the courthouse (not short sale or bank owned) take possession of the house immediately after they pay for house , or within the first 10 days of sale if the owners do not appear to be living in the house, or if there is no furniture in house? If not , how does the new owner protect their interest in the property if the owner happens to come by and won't let them in for the first 10 days? Please don't tell me to call the Sheriff because they don't think you can take possession until after 10 days through a writ of possession. This has been tried and they simply don't know the correct answer.
Thanks Fred
I understand the 10 day writ of possessionafter 30 +-years in the business but have never been refused access to my own property for inspection purposes by the Sheriff until today. My question concerned do I have the right under Florida Law to protect my purchase immediately after the sale when I receive a Certificate of Sale, upon paying for house. This is not about the 10 days to vacate or writ of possession which I understand perfectly.
Any attorney know any case history about protecting your property immediately after the foreclosure sale? My attorney thinks they should have let me in to inspect and take pictures but the sheriff said I couldn't and refused to make a report or record our conversation. I think my property rights have been violated and would like to know what recourse I have and that doesn't include sueing anyone. Nobody was denying the old owners their right to get personal possessions butthey shouldn't have the right to destroy and steal any real property attached to the house either.
I am not a Lawyer and this is not legal advice, etc.
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The Certificate of Title should be issued to the successful high bidder by the Clerk of Court 10 days after the sale.
If the property has not been vacated, the new owner files an affidavit with the Clerk of Court,
who then grants a Writ of Possession.
The Sheriff posts the 24-hour notice on the door. At the end of the 24-hour notice, the Sheriff returns to physically evict the occupants and remove their possessions.
Okay, that is how it is "supposed to work". In reality, a Sheriff that is overburdened may not post that notice immediately (it may take a few days), and they may not come back exactly 24 hours later.
If the problems persist, re-visit the Clerk of Court, and re-visit the Sheriff's Department. If that fails, talk to your Attorney.
Gentle Warning: It may not be advisable to confront an occupant, unless a Law Enforcement Officer is present. Proceed with caution.
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Best wishes to you,
Fred
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