[RPPTL LandTen] Ejectment? Writ of Possession?

[Anthony J. Horky]

I would first want to read the final judgment to see what the language is
regarding issuance of a writ of possession.  I do not know how it works for
subsequent owners after than the purchaser at the foreclosure sale but you
may be able to re-open the case to get the clerk to issue a writ of
possession.  Otherwise, after the closing, I'd file an action for unlawful
detainer so that my client can take advantage of the summary procedure.
Ejectment is a fight over who has better title while detainer is a fight
over who has the right to immediate possession.  If your client buys the
condo then he/she has the right to immediate possession.  Let the previous
owner raise a claim of better title (doubt it). As for possible defenses,
depends on whether its ejectment or detainer.  Who has been paying the taxes
and assessments for the past 5 years?

 

Regards, 

 


 

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Law Offices of
Scott A. Frank P.A
Sent: Friday, July 10, 2015 12:50 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Ejectment? Writ of Possession?

 

Here's an interesting one - not sure whether to ask my leasing brethren or
those in the residential foreclosure crew, but I will try here first.

 

Foreclosure of a residential condo in Miami-Dade.  CT issued in 2010.  Bank
apparently never decided to take possession.  Bank is now selling title to
the property.  So if client buys, what is the right way to get the old owner
out?  Writ of Possession in the 2008 case?  Ejectment under Ch. 66?  I am
quite sure Chapter 83 would not apply, but I am open to suggestions as to
how client could try to use it.

 

Also, any  thoughts on the occupant's possible defenses?

 

Thanks again.

 

Scott A. Frank

Attorney at Law

 

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