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  1. #1
    Join Date
    Feb 2013

    Default Can a Home Buyer Continue a Pending Eviction Lawsuit

    My question involves an eviction in the state of: Florida

    OK... my situation just became very difficult.

    I just purchased an occupied foreclosed home. The tenants are not the old home owners. I have been trying to figure out how to get the tenant out of the home. The bank who I purchased the home from has had an ongoing case trying to get the tenant out of the house , had given the tenant a 90 day notice to vacate over 90 days ago , but because of the Protecting Tenants of Foreclosure Act , the tenant and his attorney filed a motion for emergency hearing to protest the Writ of Possession that the clerk had ordered regarding the property. The hearing has since been canceled because the bank has asked their attorney to withdraw from the case since they sold the property to me , but the case is still open. Is there any way that I can file a writ of possession or a way that I can be added into the case so that I can file motions ?

    Also, I really need to purchase property insurance on the home, but the tenant will not speak with me at all. To purchase property insurance, I must have an inspection done.

    Also, I drove by the property and it seems as if the front door has already been changed out with a different door.... What should I do????

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can a Home Buyer Continue a Pending Eviction Lawsuit

    I suggest retaining a lawyer to review the legal pleadings and advise you about the possibility of filing a motion for substitution of plaintiff. I see authority in favor of such a substitution, but I expect it would be a bit tricky to accomplish in pro per.

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