How long does it take to remove the Prior Homeowner after Foreclosure?

When a Third Party purchases a property at a Foreclosure Sale, they often find the prior Homeowner, Tenant, or Occupant living there. While it delays obtaining possession, they will ultimately remove the person that is still in the property. However, their concern is timing as the longer it takes, the more money they will lose on their investment.  As a result, the biggest issue becomes the duration of the process. If you have questions about how long it takes to remove the Prior Homeowner after Foreclosure, call 954 Eviction Attorneys, PLLC at (954) 323-2529.

How Long Does it Take to Remove the Prior Homeowner After Foreclosure?

In many cases, a Third Party bidder will purchase the Property at a Foreclosure Sale.  However, it does not mean they will be able to take possession after the Sale.  There may be individuals residing in the property including the Prior Owner, Tenant, or simply an Occupant. The problem is that Third Party bidder cannot call the police to remove them.  They must follow a process that can take time. This includes:

1. Sending a Letter to the property requesting that the Individuals respond regarding their status.  This takes about Five days.
2. If they do not respond, the Third Party Bidder can file a Motion for Writ of Possession with the Court.  This can be done five days after they send the letter.  Once it is filed, they can set it for hearing.  The Individuals may appear at the Hearing alleging they are Tenants and that they never received the letter. If they appear, the Court will require them to produce a Lease.   Without a valid lease the Court will likely grant the Motion.   However, if a valid lease is produced meeting certain requirements, they may be given ninety additional days.
3. Filing the Motion and setting it for hearing can take thirty days.  Some Courts may allow you to upload an Order on the Motion without a Hearing decreasing the time it takes to take possession.  Once the Motion is granted and the Clerk issues the Writ of Possession, the Third Party Bidder can take possession within ten to fifteen days.

Without any delays in the process, a Third Party Bidder can take possession of the property between fifteen to twenty-five days after the Sale.  On the other hand, if there are delays specifically that the Individuals are Tenants with a valid lease, the process can take up to ninety days.  This however is usually not the case.  If you have questions about how long it takes to remove the Prior Homeowner after Foreclosure, contact 954 Eviction Attorneys, PLLC at (954) 323-2529.