Legal Question in Bankruptcy in Florida

I'm living in my parent's house which is in the process of foreclosure. My dad is going to a court hearing tomorrow to find out an exact date of when we have to be out of the house. Does the court have a minimum amount of days they have to give us to be out by? (Everyone keeps telling me 3 days... but that they usually give you as long as a couple months)


Asked on 2/09/15, 6:00 pm

2 Answers from Attorneys
R. Jason de Groot R. Jason de Groot, P.A.

It depends. However long you have until the sale, and then on the 11th day after the sale the clerk issues a certificate of title, you basically have until then or a little afterward.

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Answered on 2/10/15, 5:17 am
Matthew Podolsky Florida Law Advisers, P.A.

It depends on the type of hearing that will take place today. If it is a final judgment hearing the court must give at least 30 days notice prior to sale. However, in many cases the court will give 90 days notice if the homeowner requests it. On the other hand, if the sale already occurred and it is a hearing on a motion for writ of possession you will be given much less time. You can always ask the judge for more time but you will be at their mercy. Good luck

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Answered on 2/10/15, 5:41 am


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