How to Fill Out Uniform Verified Motion for Writ of Possession in Foreclosure Case

Uniform Verified Motion for Writ of Possession in Foreclosure Case at a glance

What it is: The Uniform Verified Motion for Writ of Possession in Foreclosure Case (Revised September 1, 2015) moves for an order directing the clerk to issue a Writ of Possession.

Who signs: The [Name], Attorney for Plaintiff signs.

Plaintiff or Purchaser was the successful bidder at a judicial foreclosure sale and the subject real property is occupied by persons not authorized by Plaintiff or Purchaser to occupy the property.

A filled-in Uniform Verified Motion for Writ of Possession in Foreclosure Case example: a plaintiff's attorney asks for the writ against a tenant

Uniform Verified Motion for Writ of Possession in Foreclosure Case example filled out, example: a plaintiff's attorney asks for the writ against a tenant
Attorney Dana Sample files this motion for a writ of possession. The Plaintiff won the sale and the mortgagor's child rents the property. The picture shows page 1, and every value in it is made up. The other boxes of Who is occupying the property stay empty because the tenant was given no 30-day notice. The boxes of Certificate of mailing, Signing before a notary public and OR: under penalties of perjury stay empty because they are on page 2, which the picture leaves out.

How to fill out Uniform Verified Motion for Writ of Possession in Foreclosure Case, box by box

The Plaintiff(s), Defendant(s), CASE NO. and DIVISION

Uniform Verified Motion for Writ of Possession in Foreclosure Case example filled out, the Plaintiff(s), Defendant(s), CASE NO. and DIVISION

In the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, Circuit Civil Division, fill in the Plaintiff(s), the CASE NO., the DIVISION and the Defendant(s).

Plaintiff, Purchaser, or both

Uniform Verified Motion for Writ of Possession in Foreclosure Case example filled out, plaintiff, Purchaser, or both

Mark Plaintiff, Purchaser, or both [Select one], and fill in the line before "moves for an order directing the clerk to issue a Writ of Possession".

Who is occupying the property

Uniform Verified Motion for Writ of Possession in Foreclosure Case example filled out, who is occupying the property

After "I swear or affirm that: [Select one]", select (1) if the mortgagor in the subject foreclosure is occupying the real property sold at the foreclosure sale.

Select (2) if a tenant is occupying the real property sold at the foreclosure sale and a 30-day notice of termination in substantially the form set forth in section 83.561, Florida Statutes was delivered to the tenant and the tenant has failed to vacate the premises at the conclusion of the 30-day period.

Select (3) if a tenant is occupying the real property sold at the foreclosure sale but a 30-day notice was not delivered to the tenant because: [Select one or more] of a, b or c.

The tenant’s rental agreement

Uniform Verified Motion for Writ of Possession in Foreclosure Case example filled out, the tenant’s rental agreement

Select a if the tenant is the mortgagor in the subject foreclosure or is the child, spouse, or parent of the mortgagor in the subject foreclosure.

Select b if the tenant's rental agreement is not the result of an arm's length transaction.

Select c if the tenant's rental agreement allows the tenant to pay rent that is substantially less than the fair market rent for the premises, and the rent is not reduced or subsidized due to a federal, state, or local subsidy.

Certificate of mailing

Uniform Verified Motion for Writ of Possession in Foreclosure Case example filled out, certificate of mailing

By signing you certify that a copy of this Uniform Verified Motion for Writ of Possession was mailed to: [list parties and tenants, if applicable, and addresses] on this _______ day of ___________________, 20______.

Signing before a notary public

Uniform Verified Motion for Writ of Possession in Foreclosure Case example filled out, signing before a notary public

I understand that I am swearing or affirming under oath to the truthfulness of the statements made in this verified motion and that the punishment for knowingly making a false statement includes fines or imprisonment or both.

Fill in [Name], Attorney for Plaintiff, Date, [Attorney Address], [Attorney Telephone Number], [Attorney E-Mail Address] and Florida Bar#: [number].

STATE OF FLORIDA, COUNTY OF, Sworn to (or affirmed) and signed before me on this Day of , 20 by NOTARY PUBLIC: Personally Known OR Produced Identification, and the Type of Identification Produced.

OR: under penalties of perjury

Uniform Verified Motion for Writ of Possession in Foreclosure Case example filled out, oR: under penalties of perjury

-------- OR --------- Under penalties of perjury, I declare that I have read the Uniform Verified Motion for Writ of Possession and that the facts stated in it are true. [Name], Attorney for Plaintiff, Date, Florida Bar#: [number].

Sources

[1] Uniform Verified Motion for Writ of Possession in Foreclosure Case (Revised September 1, 2015), Thirteenth Judicial Circuit, Hillsborough County, Florida (the Official source link on this page).

Motion Possession Form PDF Details

In the realm of legal remedies, particularly within civil litigation, the Motion for Possession stands out as a pivotal document. It serves as a formal request by a plaintiff for the court to order the return of property that they claim has been wrongfully held by the defendant. This nuanced legal tool balances the scales between protecting the rights of property owners and ensuring that the process of reclaiming property is embedded within the bounds of legality. The motion delves into the intricacies of proving ownership, the rightful possession of property, and the nuances that dictate the circumstances under which property must be returned to its rightful owner. Essential for reasserting control over property, the Motion for Possession also highlights the court's power to intervene directly in disputes over physical assets, showcasing the procedural steps necessary for individuals to navigate through the legal system effectively. With its specific requirements and formalities, understanding this motion is crucial for individuals seeking to recover property, offering a clear path toward resolution while emphasizing fairness and legal integrity.

QuestionAnswer
Form NameMotion Possession Form
Form Length2 pages
Fillable?Yes
Fillable fields25
Avg. time to fill out30 sec
Other nameswrit motion, fl uniform motion, motion to stay writ of possession, florida motion for temporary possession of marital home