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 Okay, welcome to today's training. What happens to the occupant of a foreclosure? And I received a lot of questions about this on one of my videos on YouTube. And I decided I'd make a special attempt to explain to you what happens to the occupant of a foreclosure sale. It's not a pretty picture. I'm not going to make fun of it because there's nothing funny about it, but these are the facts I've only purchased. I don't know, 1500, 1600 foreclosure properties directly from the clerk of the court throughout the state of Florida, as well as in Ohio and Pennsylvania. So I have an idea what happens. I have attended what's called a put out. I've attended them far too many times. So with that said, let's move forward with our training on what happens to the occupant of a foreclosure. Okay, I'm going to move my photo over here so I can follow along or make sense of what we're talking about. The story begins once a foreclosure auction is held in Florida. There's what's called a 10 day objection, period. So the sale is held on day one. The objection period starts on day two and runs through day 12, 10 days after not including the day of the sale During this objection, period, anybody. I mean, anybody can file an objection, even if you didn't attend the sale, even if you're not, don't even have an online account, you can send in a letter to the judge that says yesterday, I had a ham sandwich with mustard and mayonnaise for lunch. I hereby object to the sale. You've sent it to the court and got the right case number on it. The judge is going to have to consider it to be an objection. So anybody can make a file. Make an objection during that 10 day period. But this 10 day period should not be confused with a redemption period. The redemption period is a period of time in which the defendant or the person that's being sued for foreclosure has the opportunity to repay the loan, pay it off and get out from underneath the foreclosure. You cannot redeem during the objection period in Florida, the defendant's right to redeem is expired when the clerk issued the certificate of sale. Now see, I thought that was, I thought it was earlier than that, but I looked it up yesterday before I did this I'd before I did this. And it says certificate of sale, the certificate of sale is issued when their prevailing bidder pays the required deposit amount to the clerk. So it's pretty early on. Uh, I thought that the certificate redemption period was over when the clerk issued the notice of sale. But though I listened, I read the law before I did this, but that really doesn't matter with, within the confines of this video. It just means that the redemption period is a lot sooner than people think. And it is not during the objection, period. Let's move on. Story continues. And I'm going to move me over to the other side. Hope you don't mind. Once the objection, period has expired. In other words, the sale takes place. The investor pays their money. The objection, period of 10 days goes away. So once the objection period has expired, the clerk will issue a certificate of title. That's the clerks issuance of title. That's the title that a buyer receives at a foreclosure sale. Well, we used to do as, as foreclosure investors, we'd drive to the house and see if it's occupied or vacant. Now we knew if it was before the sale, but in the event, it was occupied before the sale, we would drive by to see if anything changed. In other words, if it got better for us, if the, if the occupant moved out. So upon application of the prevailing better net would be the buyer or the new property owner. Their clerk will issue. What's called the writ of possession. A writ of possession is then delivered to the property, delivered to the property owner, uh, and then deliver it to the county. Sheriff. The sheriff will post the red on the front door and give the property occupant a few days to move out generally about three days. So let me do this again, close slowly. So once the re once we go by the property and we see that it is still occupied, I will knock on the door, done this hundreds and hundreds of times, let them know that the property sold at a foreclosure sale and that we, my company was a prevailing bidder. And what are your plans to leave the property? It's at that time, I'm going to start getting the excuses. I'll learn who they are, whether they're a tenant or the owner. If they're a tenant, they're always going to ask if they can rent the property from us. If they're an owner, they're always going to ask if I could stay a little longer. The answer's always no. And if I can not negotiate an exit for that occupant, and I'm saying occupant, cause it could either be a tenant or the owner, but if I cannot negotiate a safe exit from that property And timely, I'll go to the clerk of the court. And I'll ask for a writ of possession. Writ of possession is a document that I have to prepare myself and deliver to the clerk. Unless the final judgment says in the body that a writ of possession can only be issued by order of the court. The clerk will issue it. If on the other hand, the writ needs an order. That means I have to set a hearing, get a lawyer. It's a big rigmarole, gonna cost me an extra thousand bucks and take two weeks. But I'll know that before I go out, because if I know I have to get a writ from the judge, I can give somebody two weeks because that's how long it's going to take to get their rent. So ultimately I get the writ of possession. I have to deliver to the sheriff along with a fee for them to go out and post it. The sheriff will go out and post their rent on the front door. They will not give it to anybody personally because the occupant was already served with notice. They got there served by a process server. They got their chance to come to court either they did or they didn't either way. The sheriff only has to post this on the front door. And it's a scary notice, man. It says that I'm going to return in three days. Not me. The sheriff, I'm going to return in three days with the power of the county behind me. In other words, you need to get out. So the district generally gives the occupant three days to vacate. So the sheriff post, the notice goes away in three days, the sheriff will call me because he knows I'm watching this and ask me if the occupant has vacated. If I have any questions, I'll take that back. If I had to go get a writ, I want the sheriff to go put the people out. Even if they're not there. Even if he knocks on the door, they don't answer. Also I have to provide a locksmith to get in and I do that. So I'm going to go back and re summarize this real quick, because I think I made a little bit of a mess. The sheriff posts the property, giving the occupant three days to get out. I drive by and look and see the sheriff calls me in three days and he asked me, have they have they vacated? And I'll say, no, they have not. And he'll say, okay, I'm going to go. I'm going to come over for the put out. That's what he calls it. We're going to put the people out of the property on Tuesday at eight o'clock in the morning. So it's my job to a be there Tuesday, eight o'clock. And I also have to provide a locksmith. And I also have to provide somebody to help move the occupants possessions out into the street. And that's where it gets ugly. So I'm going to show up with three guys, locksmith and two helpers to move the guys stuff out into the street. It's an unfortunate part of the business. But the way I look at it is I did nothing to put the person in this position. It wasn't like I took his mortgage payment out of the mailbox and made sure it didn't get to the bank. That's not what happened. I'm just trying to make a living. And I'm trying to feed my family. And this is how I chose to do it. And this is just part of the business. And this is a skill. The ability to deliver and live through a bad situation is something that you can learn. It's best. If you experience a couple of times with the other guys that know what they're doing, But it's, it's tough. It's tough. So to summarize it, once again, The auction occurred an investor and I speak in a me, cause I'm speaking firsthand purchased the property. The objection period has expired. The certificate of title has been issued to my company. A writ of possession has been issued after I delivered it to the court. They stamped it and gave it back to me. Or the judge gave me an order. I take that written. I deliver it to the sheriff myself. I pay the fee for the sheriff to go out there and do it. And the sheriff has given formal notice to the occupant to vacate. And hopefully they do, but in Broward county, people are not as respectful of the law as they should be, or they just simply don't believe it. Because once that RIT gets posted, man, you get three days and it is a dead solid on the mark three days. And the sheriff does not screw around. So either the occupant vacates or they don't see here's the choices they occupy and vacate, or they don't. Let me go back. One more slide because I'm going to talk more about that. If the occupant vacates, everything is great. The sheriff will knock on the door. No one will answer. We'll get my locksmith to change the lock. The sheriff will go in first, always goes in first and he always draws his gun. So why you would mess with somebody who has the authority to fire a gun? I don't know, but he takes his gun out. He enters the property. Maybe he's showing off. I don't know, but it's probably protocol if they're going into someplace vacant and they don't know who's in there. So he goes in the house, looks around, checks. The house says all clear and he turns the writ back in as served. So I had this happen one time that we sheriff cleared out the house, we changed the lock. I went back the next day and the tenant was back in the house. That's right. They moved back in. So now what do you do? Well, I learned this firsthand. You don't have to get another writ. All you have to do is you have to call the sheriff and you have his number and tell him that the tenant moved back in The sheriff will come right out or you can call the local police because their RIT has already been served. The house was vacated all in the police record somewhere, you can call the police and tell them that they're trespassing and the local police will come out because they'll go faster than the sheriff. And they'll put them out again and they'll tell them, if you come back, you're going to be trespassing and you going to go to jail. So what happens if they don't vacate? This is the hardest part. The hardest part of being a foreclosure investor. If they do not vacate, the sheriff will knock on the door and somebody will answer. They'll either answer the deputy's knocking on the door or they'll answer when they hear the locksmith fiddling with the luck. So the one that stands out in my mind is a green thistle on 72nd terrace in west Hollywood. I said, I can't get this out of my mind. I was sitting in my car on the swale. Uh, the sheriff knocked on the door, her dogs parking behind the door, drew his gun and the owner opened the prop, open the door. And the sheriff told him to immediately secure the dog, which he did, but he left the door open. And when he left the door open, his litter daughter had to be about four or five years old, eating her cereal in a bowl, walks up to the open end door and looks out and sees the sheriff and sees me sit in my car. That event happened. I want to say 30 years ago, but I can describe it to you as if it happened yesterday because that's the market left on me. So this is by far the worst situation, human being to human being that you're hopefully ever going to be placed in, But it's taken a toll on me, man. I'm telling you, I'm just soft for that stuff. But listen, I did it a lot of times, but that, that one, that one marked me. Okay. So buy, buy, buy, buy, look at those eyes. Isn't that a look at that. Put them okay. You don't know what you know, no. Remember visit your real estate club for more information. Lots of good contacts there. Visit my website, www.pofsk.com. Pockets of specialized knowledge. This is Alfred Einstein. Thank you very much for watching. And I hope to see you again soon. Like that said, have a great day.