Legal Question in Real Estate Law in Florida

My home was foreclosed. The bank was given title at the foreclosure sale. 7 months later the bank sold the home to someone else. I am still litigating the foreclosure. I am still in the home. The person that bought the home has entered a motion for writ of possession. he entered it under the same case number. he is not a part of this case, he is not the plaintiff in the foreclosure action. I entered a motion to vacate the writ of possesion and my argument is that he is not a party to the foreclosure law suit and as such will have to initiate his own action. Am I correct? this is in Florida

Asked on 9/09/13, 12:17 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary
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No you are incorrect. The purchaser at the foreclosure sale now owns the property and obtaining a writ of possession is how they remove you from their property. They are allowed to do that within the original foreclosure action. No independent action needs to be filed.

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Answered on 9/09/13, 1:33 pm

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