A certificate of title gives you ownership, not possession. If the former owner or anyone else still occupies the property, you file a motion for a writ of possession in the same foreclosure case. Once the court grants it, the clerk issues the writ and the county sheriff posts notice and then removes the occupants. Tenants with a genuine lease have additional federal protection.
Reviewed September 19, 2026 by NEWLEVEL Investment RE, a Florida real estate brokerage.
Why you cannot just change the locks
Self-help is not allowed. Removing occupants or their belongings yourself exposes you to liability, even though you hold title. The lawful route is the writ, carried out by the sheriff.
How the writ works
You, or your attorney, move for a writ of possession in the foreclosure case once the certificate of title has issued. The final judgment normally reserved jurisdiction for exactly this. Some judges grant it on the papers and some set a short hearing.
The clerk issues the writ and you deliver it to the sheriff with the sheriff's fee. The sheriff posts a notice on the property and returns after the notice period to put you in possession. Bring a locksmith.
- Motion filed in the existing foreclosure case
- Clerk issues the writ once the court grants it
- Sheriff posts notice, then executes
- You secure the property on the day
Tenants are different from former owners
The federal Protecting Tenants at Foreclosure Act gives a bona fide tenant the right to at least 90 days' notice, and in many cases the right to stay until the end of a genuine lease, unless the buyer will live in the property as a primary residence. A lease with the former owner's relative, or one signed at a fraction of market rent, may not qualify.
Work out who is living there before you bid, because it changes your timeline and your budget.
What we watch: Cash for keys is often cheaper and faster than the writ. An occupant who leaves voluntarily also tends to leave the house in better condition.
Budget for it
Plan for attorney's fees, the sheriff's fee, a locksmith, and several weeks of holding costs. Occupied houses sell for less at auction for exactly this reason, which is why they are often where the price works.
Common questions
- How long does a writ of possession take in Florida?
- It varies by county and by judge. Allow several weeks from the certificate of title to the sheriff's execution, and longer if the occupant contests it or is a protected tenant.
- Do I need an attorney to get a writ of possession?
- An individual can file the motion, but an entity such as an LLC generally must appear through an attorney. Most buyers use one.
- Can I evict a tenant after buying at foreclosure?
- A bona fide tenant is generally entitled to at least 90 days' notice under the federal Protecting Tenants at Foreclosure Act, and may be entitled to remain through the lease term.
What this guide relies on
- Fla. R. Civ. P. 1.580 (writ of possession)
- Protecting Tenants at Foreclosure Act, 12 U.S.C. §5220 note
- Fla. Stat. §45.031
Education, not legal, tax or investment advice. Statutes and clerk procedures change, and lien priority turns on the records in a specific case. Have a Florida attorney or title company review a property before you commit money to it.