In general, the real estate foreclosure and eviction process can be a confusing one if you’ve never been through it. So, if you are going through this and need a little more information about the bank’s process to evict someone from a property, read on.
After a foreclosure, a bank or a private buyer has the right to take the property, but it may be a bit more difficult if the person living there has not found a new residence. To allow the previous homeowner to leave the property, you must go through a legal process of eviction, which usually takes upwards of 30 days. At the end of that process, you will have full access to the property. Here are the steps you need to know.
- First, provide a written notice to the previous owner letting him or her know that they must leave the property as soon as possible. In most cases, the bank is responsible for drafting and delivering the notice. In very rare cases will you have to take on this responsibility.
- If the person does not leave the property, a lawsuit must be filed against them. Just know that a suit cannot be filed unless you’ve given the person at least three days notice. To file the lawsuit, you will need to fill out a form at your county’s courthouse. This also may require a small processing fee.
- After that, the former owner will have 30 days to respond before it goes to a judge. At this time, the previous owner may try to get the case thrown out by offering proof that his or her payments were on time and in the full amount. Should the case be thrown out, you will be unable to evict the person and should file a separate suit against the bank to reclaim any payments you made on the home.
- Next is to provide evidence of ownership at the hearing. Bring the closing papers or a deed to the property proving you are the owner. After this, an eviction date will be set. The timing will vary from case to case and state to state, but it will be set and the former owner will be required by law to leave.
- After the eviction date has passed and the person has left the property, it’s a good idea to have the house inspected. If the former owners are still living there, the police will be able to remove them at that time. And finally, after the eviction date has passed, you will be able to use the home freely.
This post was written for Finance Pitch by Stephen K Hachey. Stephen is an Orlando real estate lawyer specializing in loan modifications, short sales, foreclosure and much more. He is also the owner of his own practice, the Law Offices of Stephen Hachey, PA. This article is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please visit our website at www.floridarealestatelawyer.org/.
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