Tuesday, November 23, 2010

How Much Time Do You Have Once Your Home is Sold at a Foreclosure Auction

A question I am often asked by clients is how much time I have to stay in my home after my property is sold at a foreclosure auction. My answer is that it depends and then I go on to explain the post foreclosure sale process. In Broward County, when your home is sold at a foreclosure auction, the clerk issues a Certificate of Sale to the highest bidder. Ten days after the Buyer receives the Certificate of Sale the clerk issues a Certificate of Title, provided no objection to sale is filed. An objection to sale can be filed based on a limited a number of reasons such as if the plaintiff or their attorneys didn't follow the correct rules of procedure or didn't properly notify all defendants. If no objections are filed, then the new owner, usually the bank, will request that a Writ of Possession be issued by the clerk. The writ of possession directs the Sherriff to go to the property, serve the writ, and have the home owner vacate the property. Under normal circumstances, it takes 3-7 days for the Sherriff to schedule a time with the bank to accompany the Sherriff to change the locks, serve the writ and remove the homeowner. Nowadays, this process is taking up to 3 months but with the moratorium things could progress quicker. I hope this information has been helpful.