Foreclosure + eviction of previous owner?

[DeputySheriff]

What is the name of your state? Florida
I attempted to help a man today who purchased a home through foreclosure. The previous owner was elderly and is in a nursing home. She gave power of attorney to her son who let the home go into foreclosure. His brother, who has been living in the home, refuses to move out even after the new owner posted notices. The new owner attempted to go through the eviction process but the judge would not sign the paperwork because the landlord tenant laws did not apply in this case. I attempted to ask the judge what action I should take but he stated he could not give legal advise. Now the new owner is frustrated and took the front door off of the home and smashed the toilets. I have searched the Florida statutes but have not been able to find anything that applies. Can anyone point me in the right direction? Is the previous resident trespassing at this point and can he be arrested or removed from the home by law enforcement? Thank you.

 

[FlyingRon]

There's some funkiness in Florida law here. I think you might end up having to get the court to set a rent so that you can then treat them as a tenant with respect to the Florida landlord/tenant law (notice to terminate, eviction ,etc...).

Your friend needs a lawyer.

 

[HomeGuru]

There's some funkiness in Florida law here. I think you might end up having to get the court to set a rent so that you can then treat them as a tenant with respect to the Florida landlord/tenant law (notice to terminate, eviction ,etc...).

Your friend needs a lawyer.

**A: did you not READ the post that the judge refused to sign the eviction papers because the L/T laws do not apply?

 

[FlyingRon]

And did you read what I wrote or do you and your alter-ego JETX just like to spew nonsequitor rantings without contributing anything?

I said a judicial action would be necessary to move the adverse posession into a tenant relationship.

 

[HomeGuru]

And did you read what I wrote or do you and your alter-ego JETX just like to spew nonsequitor rantings without contributing anything?

I said a judicial action would be necessary to move the adverse posession into a tenant relationship.

**A: and that is another idiotic response.

 

[LindaP777]

You need a lawyer well acquainted with LL/tenant law and real estate law in Florida.

 

[jiffylaw]

For commercial properties in CA, if the borrower defaults then the lender can take over the property. Upon possession they usually have the current tenant sign agreements to recognize the lender as the new landlord. Does the brother have an existing lease? During occupancy did he pay rent, and was rent accepted?

 

[LindaP777]

For commercial properties in CA, if the borrower defaults then the lender can take over the property.

This isn't commercial, and it's not California . . .