All Forum Posts by: Adi Merx

UPDATE:

The process was actually as simple as Tim mentioned.

All i had to do was request the writ of possession and pay $100 to file it and have the sheriff show at the property. The process took about 4 days because it was filed on a Thursday. Overall, it seems to be much easier and cheaper than CFK. There was no damage to the property. Thanks for all the help everyone.

Merx.

Wayne,

Does getting the Writ of Possession in this manner only apply if the occupant is the former owner?

Joel,

I see how it might not be in the interest of the occupiers to take the couple of hundred dollars. It’s unbelievable that people would live at a property rent free for over two years and then at the end try to squeeze out money.

I’ll do the cash for keys along with the eviction. If they don’t take the cash for keys ill just proceed with the eviction.

When I go and see them, should I write out a letter stating that I have started the eviction and explain the cash for keys? Or should it be just a verbal thing?

Tim, thanks for the response buddy.

I will definitely talk to the clerk of court and see about getting the "Writ of Possession” without having to go through the eviction process. I hope you are right, that would be awesome to have them out within a week.

If I understood correctly, you bought at auction and had the occupants out within a week because you got the "Writ of Possession” after the ten day wait period without going through the eviction?

I’ll keep you guys updated on the progress. First contact should be soon.

Joel, thanks for the response.

Yes I own the house free and clear. I either plan on flipping or renting the property but this will be decided later.

Having read through the posts it seems that it’s better if the former owner is the one residing at the property. Do you know if the 90 day rule applies to the former owner?

I understand that tenants get 90 days or honor of the lease. My worry is that they will write up some lousy lease and make it a 2 year lease below market rent.

The Lis Pendens was filed on 11/2011. That means that only a lease signed for a duration of above a year could apply to honoring the lease.

If I sense that they are trying to bs me with the lease should I just move straight for eviction if CFK doesn’t work?

Five hundred was going to be my starting point, but I doubt that I will be going much higher than that.

No advice will be taken as legal advice :)

Thanks for the info.
Just to throw it out there: Some newer phones have the panorama photo option which can yield great results. I’ve tried it and it looks great especially in an open concept living space.

Merx.

I agree with the above post. I would take a deposit and hold it only if there was a strong reason to do it (great credit, tenant history, etc.) Otherwise, I would keep the ad running and move on.

Hello everyone,

I recently purchased a foreclosure property through the courthouse auction in Florida. The property is occupied. I have not yet made contact since I’m waiting for the ten day grace period to pass. I’ve called the utility company (water and electric) and asked them if they could verify the person’s name on the account. A few hours later I was able to confirm with the utility company that the person listed on the utility account was also listed on the Lis Pendens (one of three people).

I am familiar with the protecting tenants at foreclosure act of 2009. However, I have a strong feeling that the former owner is living there with some friends and that they will try to either give me a fake lease and/or have the friends act as tenants.
I’m a little confused about how I should go about this. When I make contact with the occupants what should I state, demand and/or offer?

I have read through the posts and there seems to be an agreement on cash for keys. Is this the first thing that I should do?

Should I offer cash for keys even if it’s the former owner who is occupying the property?

Lastly, how does one determine the starting amount for CFK?

Any comments, suggestions or advice is highly appreciated.

Thank you.

Hi guys,

Can anyone shed more light on Tim's question?

Thank you in advance.