Writ of possession: A court order allowing a new owner to evict occupants and take possession of property.
Writ of possession: A court order instructing the sheriff to put a homeowner and their possessions out of the place where they live. The Writ allows 24 hours to move out. The 24-hour period begins when the writ of possession is posted on the former homeowner’s door.
Writ of Possession: Immediate Eviction of Foreclosed Home
The writ of possession is used to enforce a judgment to recover the possession of property. It commands the sheriff to enter the property and grant possession of it to the person authorized under the judgment.
The writ if possession will be granted the court after a judgment for possession of property has been awarded. It can only be passed to the court for enforcement if the occupants are regarded as trespassers or special provision is approved by the issuing court. This type of eviction is often used to travelers or squatters from property. If a writ of possession fails, the court may issue a writ of assistance, allowing law enforcement to forcibly remove the occupants.
In Duval County, Florida, following a foreclosure sale, “if proper documentation has been submitted by the winning bidder and if fees are paid—a Certificate of Sale will be issued. This certifies that a completed, successful sale has occurred. The certificate of title is issued to the buyer 10 calendar days after the Certificate of Sale was issued, if fees are received. Please understand that the new owner cannot take possession of an occupied property without a writ of possession. If the property is vacant, the new owner may legally take possession of the property after the certificate of title is issued. If the property is still occupied, a Writ of Possession may be issued and served by the Sheriff’s Office and requiring all remaining occupants to vacate the property within 24 hours of being served,” according to the Duval County Clerk of Courts.
If the foreclosed home is occupied by tenants of the previous homeowner, the new owner can pursue eviction by filing an unlawful detainer lawsuit, which will be followed by a writ of possession if the court rules in favor of the new owner.
In California, for example, “In an unlawful detainer lawsuit, the court holds a hearing at which the parties can present their evidence and explain their case. If the court finds that the tenant has a good defense, the court will not evict the tenant. If the court decides in favor of the tenant, the tenant will not have to move, and the landlord may be ordered to pay court costs (for example, the tenant’s filing fees). The landlord also may have to pay the tenant’s attorney’s fees, if the rental agreement contains an attorney’s fee clause and if the tenant was represented by an attorney.
“If the court decides in favor of the landlord, the court will issue a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant’s belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant,” according to the California Department of Consumer Affairs.