Writ Of Possession

What Do You Do When The Sheriff Shows Up With A Writ of Possession?

In today’s foreclosure crisis, nothing can be more frightening, stressful, and frankly more shocking than to hear a knock on your front door, only to find a sheriff delivering a “writ of possession”.

A “writ of possession” is used in foreclosure actions to enforce a judgment to recover possession of a property. It commands the sheriff to enter the property and gain possession of it for the person entitled under the judgment. In most cases it’s the bank.

Recently, a client came to see me two days after having a sheriff knock on her door to serve her with a “writ of possession”. Typically, the first visit by the sheriff gives you 24-48 hours to vacate the property. Many homeowners do nothing to defend their property. They forget they have rights and need to protect their financial interests. My client was stunned by this visit but knew she could take action.

We took immediate steps to prepare and file a motion to “stay execution of the writ of possession”. This meant we were going to ask the court to stop the eviction process. We were able to schedule an emergency hearing and present legal arguments to support allowing my client to stay in her home. I recall during the hearing receiving several phone calls on my cell from the sheriff’s office. They wanted to know if the motion had been filed and a “stay’ entered – no pressure, right? Having the “stay” granted, we immediately delivered the paperwork to the clerk’s office for docket entry. This allowed the sheriff’s office to view the court order “staying the writ of possession” which meant no eviction. Our client got the result she needed!

The battle was not over. But, in reviewing the details of this case, there’s no reason the process should have gone so far. The irony? She may not have to leave her property. Case details and facts revealed she has very strong legal defenses that will serve her well in defending against the foreclosure action. Even better, a review of how the lender has handled this case may have the court looking to exercise its equitable powers which may motivate the bank to negotiate a quick resolution. Had she never come in, even at the late hour, she could have lost the opportunity to stay in her property and stop the writ of possession. Her “American Dream” could have been lost.

Don’t be a victim. If a sheriff knocks on your door with a writ of possession, contact a foreclosure defense lawyer. If you get sued for foreclosure, contact a foreclosure defense lawyer. The right lawyer will help you “defend your property and preserve your rights”.

Carlos J. Reyes  is the Principal of Reyes Law Group. He has been a member of the Florida Bar since 1988 and practices state-wide.  Carlos has been awarded a rating of “AV Preeminent” which is the highest possible rating in both legal ability and ethical standards by Martindale-Hubbell – a well-recognized legal resource. The RLG Legal Team also include attorneys  Melissa J. Ulloa and the RLG Legal Support Team to bring you a dedicated, experienced and dynamic legal team to handle your legal needs.

We also assist clients in the areas of: Civil LitigationReal Estate LitigationResidential Purchase & SalesCommercial Acquisitions & SalesResidential Landlord-Tenant LitigationCommercial Landlord-Tenant LitigationShort Sales NegotiationsLoan ModificationsCriminal DefenseCivil Rights ClaimsFamily LawCorporate Work, and Labor & Employment Law.

Call us for a FREE consultation at (954) 369-1993. Se Habla Español.

Visit our firm website ReyesLegal.com and review our credentials.

We are located at 150 S Pine Island Rd #210, Plantation, FL 33324


The Reyes Law Group BLOG is intended to provide information to firm clients, friends and potential clients about various legal related topics. Nothing in this BLOG should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this BLOG without seeking the advice of legal counsel.

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Reyes Law Group

Reyes Law Group represents clients in a multi-disciplinary legal practice involving real estate transactions and litigation with a “footprint” that covers the State of Florida. Over the firm’s first 10 years, Reyes Law Group has closed over $100M in commercial closings, representing buyers and sellers in contract negotiations, due diligence, and the related title review and policy issuance related to closings. In litigation, the firm has commercial litigation experience focused on prosecuting or defending claims such as breach of contracts, partition actions, trade secret violations, and breach of non-competes. However, our firm’s MAIN FOCUS is assisting asset and loan portfolio managers, investors and private lenders with a “ 4-PILLAR APPROACH” to the legal challenges they face with non-performing assets: 1) LOAN WORKOUTS; 2) COMMERCIAL FORECLOSURES (across the State of Florida); 3) COMMERCIAL EVICTIONS; and 4) REO COMMERCIAL CLOSINGS.30+ years’ legal experience means - WE CAN HELP!

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