We purchased a house in foreclosure. Do we need to send a 3 day notice for eviction? No, you do not. You need to file or retain an attorney and have them apply for a writ of possession, which is retained. The rights to have a writ of possession are retained by that the judge in conjunction with a mortgage foreclosures. And what that means is you don’t have to go through the eviction process depending on whether or not the owner of the property before it was foreclosed is still in possession. If so the, the application for writ of possession, should be granted. And an order authorizing the clerk to issue the right of possession should be entered right away, and you should be able to have the sheriff serve the writ of possession and have the person removed without going through an eviction action.
If however, the property was rented at the time of the foreclosure action, whenever you make application or your attorney makes application for the writ of possession, the tenant is given. I believe it’s 30 days notice to an order to vacate, as far as that’s concerned, but you do need to retain an attorney to represent you in conjunction with this matter to have them removed. But an eviction action is not how you go about removing the occupant of the property that had been foreclosed. How many questions about this? Give me a call at (727) 847-2288.