Are you thinking about Purchasing a Foreclosure Property with Tenants? In the last ten (10) years, the State of Florida has been hit with thousands of foreclosures. After a property is foreclosed on by the Bank, the property is sold at a foreclosure auction. Often times a new owner that has purchased the property at a foreclosure sale will discover that there are tenants that have been living in the property prior to the foreclosure auction.
Florida Statutes are very specific regarding the procedure that must be followed in removing an existing tenant after a foreclosure sale has occurred and a certificate of title has been issued to the new purchaser. Florida Statute 83.561 states that:
“If a tenant is occupying residential premises that are the subject of a foreclosure sale, upon issuance of a certificate of title following the sale, the purchaser named in the certificate of title takes title to the residential premises subject to the rights of the tenant under this section.”
Therefore, the tenant has the right to remain in possession of the property for thirty (30) days after the new purchaser has given the tenants that remain in the property a written thirty (30) day notice of termination.
If this requirement is not followed, the new purchaser will have a difficult time removing the Tenant as well as face further delays.
PLEASE BE ADVISED THAT THERE ARE EXCEPTIONS.
The thirty (30) day notice of termination has specific language that is provided for in Florida Statute 83.561. The notice must be mailed directly to the Tenant or posted to the door on the property. Accordingly, if the thirty (30) day written letter was sent to the Tenant and the Tenant continues to reside in the property after the (30) day period, the new purchaser may file a Motion for Writ of Possession based upon a sworn affidavit that the notice was sent and delivered to the Tenant and the tenant failed to vacate the premises after the thirty (30) days expired. If the court grants the new purchaser’s Motion for Writ of Possession, the writ must be served on the tenant by the Sheriff.
If you are a purchaser of a property at a foreclosure auction and a Tenant still remains in the property, contact your Post Judgment Eviction Attorneys of 954 Eviction Attorneys, PLLC today @ 954.323.2529. Our office will provide you the aggressive representation that you deserve in removing the tenant that remains in the property after the foreclosure sale as well as protecting your rights.
We have offices in Broward County and Palm Beach County in order to better serve our investor and Eviction clients.