Eviction Guidance

Should you communicate with new owners?

Yes—that open line of communication can really help ease tensions and avoid costly, stressful eviction proceedings. When you work cooperatively with the new owner on a clear and reasonable timeline for moving out, it often benefits both parties: you get time to plan your next steps without sudden pressure, and the owner can avoid legal hassles and additional expenses.

Just know It is nothing personal in most cases. Emotions can run high in these situations, but having a professional, objective approach often makes negotiations smoother and more productive. Your office stepping in to handle the legal language and communication removes a lot of stress for everyone involved and keeps the focus on a fair, practical resolution.

Once an investor purchases the home at the sheriff’s sale, one of three things will typically occur:

🔍 What Is a Writ of Assistance?

A Writ of Assistance is a court order issued to law enforcement (usually the sheriff) to remove occupants from a property and deliver possession to the rightful owner—usually without requiring a separate eviction trial.

⚖️ Key Points:

No court appearance by the defendant is required once the Writ is issued.
It is based on an existing court judgment, often from the foreclosure case or quiet title action.
It allows immediate or expedited removal of the occupant.
Law enforcement carries out the physical eviction.

Eviction Proceedings After Foreclosure

Following a foreclosure sale, the investor or plaintiff typically files an eviction action (also known as a Summary Process Complaint) in the Superior Court located in the county where the property is situated. Once filed, the court will schedule a hearing date and issue an Appearance or Summons requiring your presence.

⚠️ It is strongly advised that you appear in court.
Failure to appear can result in a default judgment against you, leading to a faster eviction process and forfeiture of any rights or claims you might still assert (such as surplus funds or possession negotiations).

Lastly, the investor or plaintiff may visit the property to verify if it is still occupied and will typically leave their contact information. It is important that you answer the door or respond promptly to their communication. Failure to do so will likely result in them pursuing one of the initial legal actions, such as filing for eviction or obtaining a writ of assistance.

📞 You may call us at 317-469-1337

Let us help you take the first step toward relief and recovery.

Eviction Guidance

Once an investor purchases the home at the sheriff’s sale, one of three things will typically occur:

🔍 What Is a Writ of Assistance?

⚖️ Key Points:

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