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writThe 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.

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