Legal Question in Real Estate Law in Florida
my daughter in law avoided foreclosure last year by filing bankruptcy, since then she has still not paid rent, the bank went to court to ask for a foreclosure date, now she received a letter about a month ago stating to be out by december 7th.
she has not moved anything and does not plan to. will they just show up and lock the house, keep all the stuff. I have advised her to remove all her belongingings i.e. furniture, clothes etc.
will the sheriff remove them on that date.
I am concerned for my grandchildren.
1 Answer from Attorneys
If they follow the proper and normal procedures, they will show up with the Sheriff Deputies and if someone is in the house, then will escort them out. Then the premises will be locked up. If something is still inside, then that will be dealt with later.
In the past, they used to also move out all the furniture and things onto the streets, but I don't think they do that anywhere anymore.
Once the premises are secured, if they return without permission, they can be arrested for trespassing.
If they have a proper court order to evict, it is not a wise thing to wait till that day. It will actually make it harder for the daughter-in-law to get her things timely.
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