Written by: Michael Dujovne, Esq. | August 25, 2016
Answer: There is a way to require the prior owner to vacate. First, you must be the owner to take any action. When you are the successful bidder, you are not yet the owner! You must receive a certificate of title from the clerk of court, which cannot be issued until at least 10 days after the foreclosure sale. Second, what does the foreclosure judgment say? Most foreclosure judgments will have language dealing with removing occupants. One version states that the clerk of court is authorized to issue a writ of possession ordering the sheriff to remove all persons from the house. A deputy posts the writ and this gives the occupants 24 hours to vacate. If they are not out by then, the deputy will physically remove all occupants. The other version states that a court order is required first. This means that a motion has to be filed and a hearing has to be scheduled before a writ can be issued. The situation is different if the property is occupied by tenants. I will deal with tenants in my next article.
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