The protecting tenants under foreclosure act expired last December, so a tenant is no longer entitled to a ninety-day notice to move after the leased property has been foreclosed. Once the certificate of title has issued, the new owner may file for a writ of possession from the foreclosure court. This is also true of any successor in interest, such as an REO buyer.
Check the language of the final judgment of foreclosure to see if you need to file a motion for a writ of possession or if you can get the writ of possession directly from the clerk of court without having to notice up a hearing.
An REO buyer should get their writ of possession from the foreclosure court and should not be filing an unlawful detainer against unknown occupants or a tenant eviction unless they have created a new tenancy by accepting rents.
If you are a tenant, be aware that the foreclosure also terminated your tenancy and you are subject to a writ of possession, possibly without any notice. There is no protection regarding your security deposit or for any advanced rent paid.
You can check the status of the foreclosure on the Clerk of Court’s website. Click here for Broward. Choose “online Services” and “Civil” as type of case, and type in the landlord’s name as defendant to see the status. You can also try calling the Broward Clerk at 954-831-5745 and tell them the case number which is on the upper right corner of the court papers.