Foreclosure in 33068>Question Details

Nobert58, Home Owner in Fort Lauderdale, FL

I got a foreclosure sale on my house, two weeks after the sale, the new owner come & throw out my baby books, clothings, furnitures without

Asked by Nobert58, Fort Lauderdale, FL Mon Feb 18, 2013

notice.

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7
Hi Norbert,

Again, without any specific details, you will receive vague answers to your question. If what you are saying is true and 2 weeks after the foreclosure sale someone cane and threw out all of your personal belongings, you should speak to someone about this. In the state of Florida, just because a property is foreclosed on doesn't mean that the new owner "Bank or Investor" can immediately take possession. If the property is occupied, they must follow Florida law and evict the occupants. The same holds true for personal property. If a house is abandoned and full of furniture and personal items, the new owner must still follow Florida law and evict. It also depends on what you are considering personal property and what the value of the property is.

If you abandoned your home and were foreclosed on and missed the posting by the sheriffs office notifying you of a pending eviction and missed the final lockout date, then the new owner can remove your items and will place them in the driveway for a period of 24 hrs, giving you the opportunity to retrieve your belongings. After that, they can trash out your stuff.

If your house was abandoned
1 vote Thank Flag Link Tue Feb 19, 2013
Once the foreclsoure is final and they close on the home and teh deed is recorded they become the new owner. if you are living there they can not enter the property or touch your things. They must go through the eviction process. if you are not living in the home and the home is vacant, many states allow the new owner to enter and secure the property. If personal property is found, they must abide by state law. In NH for instance if there is more than $300 in value, it must be helf for 30 days, the property posted with a notice of such and you have 30 days to pick up your items or they are disposed of. They can not just throw out your items. You should check with an attorney at once, If you are lliving there and they entered the home call the police and report teh break in. if you were not living there that was teh mistake and teh property is considered abandoned. You may be able to recover damages if you can prove what was there and its value, seek the lawyers advice for legal matters and recovery. Do not wait though as there is time contraints
0 votes Thank Flag Link Tue Feb 19, 2013
Under Florida's foreclosure laws, you have the right to contest the foreclosure all the way up to the foreclosure sale. Once the foreclosure sale occurs, you have only 10 days to contest the sale. If you do not do this, then the county clerk will issue title to the buyer. At this time, you are no longer the owner of the property. Here is a link that spells out the process: http://www.avvo.com/legal-guides/ugc/basic-outline-of-forecl…

The sticky part here is that once the court issues the title 10 days after the auction sale, they also issue a writ of possession. The writ is given to the Sheriff and he will post it on the house. At this time, you have 24 hour to move out or you can be forcibly evicted.

If all was filed properly and you just ignored all of the filings, then, you have no grounds for complaint. Sorry.
0 votes Thank Flag Link Tue Feb 19, 2013
You received notice in advance that your home was being foreclosed on. You probably had the sheriff come by and give you notice and if you weren't there they posted it on your door. You may have had someone come by and offer you cash to turn over your keys as this is easier for the lender than going through the actual foreclosure.

I do fell fro you and you can certainly check with a local legal center to see if any laws were broken (I don't know Florida state law well enough to know) but my guess is no laws were broken you were trespassing on the property once it was sold. The best advice any of us can offer is check with a lawyer.
0 votes Thank Flag Link Tue Feb 19, 2013
Seek legal counsel immediatley
0 votes Thank Flag Link Tue Feb 19, 2013
The owner must follow eviction procedures just like anyone else. They must be working real fast in Ft Lauderdale if he was able to successfully complete the eviction process in just 2 weeks....you should get the facts from a Legal Counsel.
0 votes Thank Flag Link Mon Feb 18, 2013
Once the property is sold to the new owner. It is his property including what is in the home. If you were still in possession of the home, illegally, then he would have been in his rights to call the police on you for trespassing or worse evict you.
0 votes Thank Flag Link Mon Feb 18, 2013
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