Order For Possession Of Real Property Bought Thru Foreclosure
I bought a property in NC and have to evict its occupant(s). I've read the gen'l statutes and understand what I need to do, but I can't figure out how to petition the court clerk to issue a writ of possession. I called the clerk's office and was told that they do not have any pre-printed form for this and that I should pay a lawyer to draft one up. The atty wants $350 just to fill out what I think is probably a form letter that he has in his files. Has anyone gone thru this ?Can you let me know what I need to write on the petition to the clerk ?? Thank you.
If you're planning on being in the RE business, dealing with attorneys are part of the business.
As far as the cost of the form goes, consider it an investment in your business. Once you've got it, make a copy and keep it on file. This may or may not help as in many circumstances in NC, papers must be filed by a licensed attorney (don't know if that is the case here though).
Roger
have you tried talking to the people living there sometimes just telling them to leave will work. If not you may be able to bribe them.
You might want to try that before spending money on a lawyer.
Cloudlana:
First and foremost you need to see if the right of immediate possession (following whatever redemption period, if any, applies in your state) is set forth in the final judgment of foreclosure. If so, the issuance of a writ of possession is purely a ministerial matter that I assume you should be able to get guidance on from the clerk or sheriffs office. If not, I would walk down to the law library at the courthouse or law school (if any) and look through their form books to see how to style it. Not sure how things work in your state but in my state once you get the writ drafted its a matter of paying the fee to have it served by the sheriff.
Another option would be to research past court cases and get a copy of one used by another person in the same boat. In my area its a boiler plate legal filing, $350 seems a bit high to me.