In the unfortunate event that an owner must be evicted from their home in Florida, there are a series of steps that need to be taken. After a foreclosure, a bank has the right to take the property. However, the previous owner may not yet have a new residence. In order to gain possession of the residence, you must go through the process of eviction, which can take around 30 days or more. Here are the typical steps for evicting a former owner after a home has been foreclosed.
1. Deliver a written notice. The previous owner must be made aware that it is no longer legal for him/her to live on the property. The letter is usually delivered by the bank, and must disclose that you are the new owner and they must vacate the property immediately.
2. File an eviction lawsuit. If the previous owner does not vacate the property, you can file suit three days after you’ve delivered the eviction notice.
3. Meet with the judge. The previous owner is given 30 days to respond before it goes to a judge. The previous owner can try to get the case thrown out. In that case, you will no longer be able to evict the owner.
4. Provide evidence of ownership. During the case you must provide proof of ownership over the property. Both sides will be able to state their case, and the judge will decide whether to set an eviction date or grant the previous owner their property back.
5. Full property inspection. If the previous owner is evicted, you are free to get an inspection and take over the property.
While the process can be complicated, help is available. Stephen K. Hachey, a Florida real estate attorney, that can help you navigate this process and make the most of a difficult situation. Contact him at 813-549-0096.