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 Good morning gang. This video is entitled. How do I get possession of a tax deed property in Florida? Hi, I'm your host Alford, Einstein. And notice the title says, how do you get tie a possession? I wrote into how do I get possession? Because not all you guys are going to do the same thing I do in order to get possession of my Florida tax deed property. So with that cautionary tale, let's move forward. I'm going to move me to the other side. Okay. Here's the story. As a grantee of a tax deed in Florida, the law Florida statute 1 9, 7 reads that I, as the grantee, in other words, the receiver of the tax deed shall be entitled to immediate possession of the subject property. Unfortunately, when I knock on the door of a property that I just wanted a tax deed sale, and I had my tax deed in hand, I knock on the door and unfortunately, a lot of the people have never read Florida statute 1 97. They don't know what I'm doing. They've never seen or heard of a tax deed and they refuse to move out. Here's the words I'm going to talk to my lawyer about this. Yeah, sure. You are sure you are. So I asked him, give me his name. I'll talk to him for you. I'll talk to him with you. I'll take you to their office right now, but I've have yet to have anybody take me up on that one. Okay. So Harry, I'm sweating, standing in front of my new property that I just bought. And here's the whole monitor answering the door. That's a perfect picture of the guy. What are you talking about? Okay. So what am I remedies? What am I going to do? Because I have a piece of paper that says I was supposed to be able to be let right in, but you're not doing it. How am I going to make you A lot of investors have different ways of doing this? And some I agree with and some I just won't do. Okay. Let's move forward. Okay. Tax deed, grantee remedies. Okay. So here's what I can do. First thing I can do is I could threaten the occupant. I don't do that. I do know investors that show up with muscle and suggest that they either get out or they're going to have a problem. I do not. And I never would threaten anybody. I'd rather outsmart you rather than have you beat me up. Okay. So I can threaten, but I don't, or I could pay off the occupant. In other words, I could give you money similar to cash, to keys, cash for keys. And if the occupant is respectful, if it's clear that they're taking good care of the inside of my house, I would consider giving them some money. How much money that's suffering negotiations are. Start, I'll start off with 500 bucks and I'll give you $200 right now, as long as you promise to be out by the end of the day. And I'll give you the other $300 tomorrow when you're out. Sometimes that goes, well, sometimes it doesn't. Let's say that. Just say, well, I'm not going to take a payoff until I speak to my lawyer. Well, it's been two days. You haven't been to your lawyer. There are things I can do. And I will do that. Although I'm not gonna tell him that, okay, in Florida statute 1 9, 7, it says that as a grantee of a tax deed, I could go to the court and request a writ of assistance, as opposed to a writ of possession. I'm gonna explain the difference. A writ of assistance is a new lawsuit that's filed in circuit court. So when I say that, it means it's higher filing fees. You have to have an attorney because you can't represent yourself. And you have to go through the hearing time and wait time of the clerk, the judge's docket sheet. You'll get a hearing. When you get a hearing, I made could be motion calendar, which could be as fast as 10 days, but that's not always guaranteed depending upon the judges. And you can't ask for an emergency because it's really not. It's only an emergency to you. So that's your rate of assistance. A writ of possession is something that you get either an eviction or in a foreclosure lawsuit at the very end of the lawsuit. So the F the lawsuit's already been filed, and the court is now awarded you the property. And they're putting you possession with a writ of possession. So I have to get a rid of assistance, which is going to be time consuming and expensive. But if I get rid of assistance on guaranteed to prevail, in other words, I'm going to win at the end of the day. And that that's key because my other, my other thing I do, I D I'm not guaranteed to win, but you'll, you'll measure it up yourself so I can do all that. Or I could take matters into my own hands. And we're going to play a game of chicken, and I'm gonna see if I can outsmart you. And here's what I'm going to do. I gotta go to the other side. Okay? So here's what good old Alford has learned. This is what I do on every tax deed property that I buy. That's occupied. I file a normal eviction lawsuit in county court, which is what I'm allowed to do. It's less expensive to file than in circuit court. My county court filing fees would be 200 bucks. My circuit court filing fees is going to be 850 to a thousand number two in county court. There's no attorney required. I can file as an individual and go to court as an individual or an officer of my corporation. Number three, the initial hearing date is guaranteed to be within 30 days. Some initial hearing date is using IB within 30 days, But the good thing about filing in county court is you get the suit in the hand of a process server quickly, and you get the homeowner served. Now, generally when you're only seeking possession, they can post the door without serving the homeowner. But I have a process server that I like to use. And I ask that they try to serve the party. And I also asked that the process server explained to the party what this means. It means that the owner is going to get a final judgment and the sheriff is going to put you out ultimately. So that's what happens, but there's no guarantee of prevailing. Why? Next slide, I think, yeah. There's no guarantee of prevailing. I love that picture. There's no guarantee of prevailing because I filed in the wrong venue. I didn't file for the writ of assistance in circuit court. Like the law says I supposed to do. I filed for a normal eviction until I didn't tell the court. I had a bit of a tax deed. I didn't know. I didn't know. So I filed the eviction. The judge is going to issue the summons. The court is going to send out all the documents. Sometimes the occupant will move out when they get the notice, I'll even go ahead and get a final judgment to get them out. And then I'll get rid of possession. Now I'm in the wrong venue. I'm paying less money and I'm going faster. So to me, it's worth the risk, but here's how I get beat. I get beat. If the occupant hires an attorney, the second, the attorney contacts me and I tell him it's a tax deed. They move to change venue, and we have to go to circuit court and I lose. And I lose all the time that I had in county court. And I got to start all over again. Or if the occupant attends the open hearing or the, the pretrial conference is what that is and tells the judge that he was here with the tax need. Boom. It goes to the, that goes to county circuit court. There's no penalty to me other than the fact the venue gets changed. And I lost all my time that I was dealing with county court. And by the way, I've done this exact procedure hundred times over a hundred times. And then the occupant will generally move out sometime between the time they receive notice and the time the judge files or signs, my final judgment, I keep going by and I tell him what's going on. I try to get him out. I might get through, okay, here's $200, whatever I'm going to try, but I only got beat once. I got beaten once by Ms. Shirley, and you ever see one of my tax, Dean trainings or something because her property is on, is on that tax need training. And I acknowledge her as being my best and fiercest competitor because she's the only one that beat me and forced me to go to circuit court. But I know it's out there, but listen, over a hundred tons. I've been beat once there it's worth the risk and it saves time and money. So that's how I get possession of tax, deed properties. I hope you learned a little something and I appreciate your time today. You don't know what you don't know. Think about that. Thank you very much for stopping by. My name is Alfred Einstein, your host, and with this as my pockets of knowledge, specialized knowledge, a video on how I get tax deed possession. I would appreciate it. If you please would visit my website, which is WW dot P O F S k.com. It's a heck of a lot easier than typing out pockets of specialized knowledge. Visit me there. I've got a lot of training there for you, a lot of free information. So listen, I look forward to seeing you again until then have a great week.