Legal Question in Real Estate Law in Florida

We have been living in a rental condo for the last 4 years (FL). The condo went into foreclosure and the bank took title in the court auction few months ago. We never received any notice from the bank. Recently, after checking the case records online we discovered that the bank asked for writ of possession. As tenants we never received a 90 days notice to terminate our tenancy as required by the Protecting Tenants at Foreclosure Act.
We filed a notice of intent to claim use of premises under the Act with the court clerk before bank motion for writ of possession but the court granted the bank writ of possession anyway.
We went to the court and checked the case file and discovered that it included dockets for returned mail that was sent to Tenant I/Tenant II because it didn't include the apartment number or our names so the mail carrier stamped it with insufficient address and returned it to sender without delivery. In the motion for the writ of possession the bank attorney included a certification that a notice was sent but we assume that it was probably sent without names/apartment number so it was never delivered to us.
Can we file a motion to cancel the writ of possession due to the fact we never received 90 days notice from the bank?
How do we file an emergency motion asking the court to cancel the writ of possession and make the bank give us the required notice?

Asked on 10/30/11, 9:18 am

David Slater David P. Slater, Esq.

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Yes, time is of the essence. Ask for a tempoorary stay of the foreclosure order pending final decision.

Answered on 10/30/11, 10:39 am

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