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

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.

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

Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida