Writ of Possession After a Mortgage Sale in Naples, FL
Securing Possession After a Foreclosure Sale
When a property is purchased at a foreclosure or mortgage sale in Florida, winning the auction is only the first step. If the former owners, tenants, or unauthorized occupants refuse to vacate the premises after the Certificate of Title is issued, the new owner cannot simply change the locks or throw their belongings out. You must obtain a legal Writ of Possession from the court to have the occupants removed lawfully.
The Post-Foreclosure Removal Process
Unlike a traditional landlord-tenant relationship, removing occupants after a judicial mortgage sale does not fall under standard eviction timelines. Once the Certificate of Title is officially finalized by the Clerk of Court, a motion for a writ of possession is submitted directly to the presiding foreclosure judge. Once signed, the Clerk issues the formal writ, which is then executed by the local sheriff's department.
Hiring a Local Collier County Attorney Speeds Up the Process
In real estate enforcement matters, time is money. Because my office is situated within walking distance of the Collier County Courthouse, I monitor the case docket daily. The moment the judge signs the order, I pick up the physical Writ of Possession from the Clerk and walk it straight over to the Collier County Sheriff’s civil process office for immediate service, skipping the delays associated with mailing documents.
What Happens When the Sheriff Executes the Writ?
Once the sheriff receives the writ, a deputy will post a mandatory 24-hour warning notice on the front door of the property. This notice informs the occupants that they have 24 hours to clear the premises voluntarily. If they remain past the deadline, the sheriff returns to physically remove the individuals, allowing you to secure the property, change the locks, and finally take full control of your investment.
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