Writ of Possession – Is there anything I can do?
Florida Statute 1.580 Writ of Possession
(a) Issuance. When a judgment or order is for the delivery of possession of real property, the judgment or order shall direct the clerk to issue a writ of possession. The clerk shall issue the writ forthwith and deliver it to the sheriff for execution.
After the bank, lender or third-party purchaser has obtained title to the property, they will file a Motion to Issue Writ of Possession. This is essentially the last step in the foreclosure process before the new owner takes possession of the home. Once the judge signs the writ, it is given to the sheriff who will then come to your home and post the writ on your door. After the writ is posted, you have 24 hours to vacate the home. Often the writ is posted on a Thursday or Friday, which gives you the weekend to vacate, however, the sheriff is permitted to post the writ during any weekday.
Obviously you want to challenge the foreclosure action before the bank files a Motion to Issue Writ of Possession. By the time the writ is issued, your options are much more limited. However, an attorney may be able to negotiate with the bank to stay the issuance of the writ for another 30-60 days. This means that you will have time to prepare to move and will not be given just 24 hours to leave your home. An attorney may also file a Motion to Stay Writ of Possession. More than likely the judge will set a hearing on the Motion to Stay Writ of Possession and allow the party to present arguments as to why the writ of possession should not be issued.
While it is certainly best to challenge the foreclosure action prior to the writ being issued that does not mean you are without defenses. Similarly, if you are a tenant and a writ of possession has been issued, you have rights and may challenge the writ. Like every foreclosure/real estate dispute, the best course of action is to seek legal advice as soon as possible.
While it is certainly best to challenge the foreclosure action prior to the writ being issued that does not mean you are without defenses. Similarly, if you are a tenant and a writ of possession has been issued, you have rights and may challenge the writ. Like every foreclosure/real estate dispute, the best course of action is to seek legal advice as soon as possib