If the property is vacant before or during the foreclosure process, the Plaintiff is entitled to take possession of the property immediately for the purpose of securing it and preventing further deterioration.

If the property is occupied throughout the foreclosure process, then the Plaintiff is not entitled to possession until it purchases the property at foreclosure sale, the sale has been confirmed, and the Certificate of Title must be issued. The Plaintiff must conduct a property inspection to determine who occupies the property in accordance with the Federal Protecting Tenants of Foreclosure Act of 2009.  If the property is occupied by the former mortgagor or a parent, child, or spouse of the former mortgagor, then eviction proceedings can begin immediately.  However, if the property is occupied by a “bona fide” tenant with an arms-length lease that pays rent at fair market rental value, then a ninety (90) days notice is posted at the premises and is filed with the Court. If the Plaintiff cannot determine who occupies the property, then a ninety (90) days notice is posted and filed as a precaution. Upon the expiration of the ninety (90) days, eviction proceedings can begin.

Each county in Florida has different requirements for initiating an eviction action.  In most counties, the Plaintiff must file a Motion for a Writ of Possession that certifies that the Plaintiff complied with the Federal Protecting Tenants of Foreclosure Act of 2009. When the motion is granted, the Clerk of Court issues the Writ of Possession and the Sheriff posts the Writ to the property.  After posting the Writ, the Sheriff schedules the eviction with the Plaintiff so a locksmith is present to change the locks on the property.  Personal property of the former occupant can be placed at the curbside or in storage.  Most Plaintiffs place the property in storage.  When eviction is complete, then the Sheriff files a Return of Service with the Court stating who was served, the property address, the date, and the time of service.