- Who sends it
- The court clerk issues it; a sheriff, marshal or constable serves or posts it
- What it starts
- A short countdown before officers can remove people and belongings
- Do this first
- Find the move-out date or time and call legal aid today
What this document is
After a foreclosure sale, the new owner usually cannot just change the locks. It has to get a court order. In some states that order comes straight from the foreclosure case. In others, the owner first files an eviction case and wins it.
The order that lets an officer remove you goes by different names: writ of possession, writ of assistance, writ of restitution, order for possession, writ of eviction, eviction warrant or execution of ejectment. They all do the same job.
What it does and does not mean
- It does mean a court has decided the new owner may take the home. This is the last step.
- It usually means the sale is final and any redemption period has ended. Check your state's after the sale page to be sure.
- It does not let the owner remove you without an officer. Only a sheriff, marshal or similar officer carries it out.
- Renters often have more rights than former owners. A writ against the former owner may not end a renter's lease rights.
How much time each state gives
- 24 hours: Florida (writ of possession served by the sheriff), Minnesota (after the officer serves the order) and Louisiana (a warrant issues if you are not out within 24 hours of an eviction judgment). In Texas the writ cannot issue before the 6th day after judgment, and the officer posts a 24-hour warning.
- A few days: Virginia (at least 72 hours' notice of the writ of eviction, after a 10-day appeal period), Connecticut (at least 5 business days after the execution of ejectment is served), North Carolina (the sheriff carries out the order for possession within 5 days and must tell you the approximate time) and Wyoming (the writ of restitution is carried out within 2 days, Sundays excepted, unless you appeal and post a bond).
- A week or more: Arizona (writ of restitution no sooner than 5 calendar days after judgment), Georgia (7 days after judgment, or right away if you did not answer), New Hampshire (7 days after the court mails its notice of judgment), Michigan (usually 10 days after an eviction judgment), Vermont (at least 14 days after service) and New York (at least 14 days' written notice before the eviction warrant is carried out).
- Set by the sheriff or court: Ohio (the sheriff tells you; Summit County gives 10 days), New Jersey, Indiana, Oklahoma, South Carolina, New Mexico and Wisconsin (writ of assistance). In Iowa, many foreclosure orders already include the order to remove you.
- A chance to object first: in Arkansas you have 5 days, not counting Sundays and holidays, to file a written objection to a notice of intention to issue a writ of possession.
If you rent the home
- Renters often get more notice than former owners. Most renters get 90 days in California and generally 60 days in Nevada and Washington.
- In Illinois, a renter with a real lease can stay up to 120 days or to the end of the lease, whichever is shorter, if rent is kept current. In Maryland, most good-faith tenants can stay to the end of the lease, and month-to-month tenants get at least 90 days.
- In West Virginia, a buyer can end a written lease with 90 days' notice, or a month-to-month tenancy with 30 days. In Missouri, renters must get a Notice to Occupant Following Foreclosure at least 10 business days before an eviction case. In New Jersey, foreclosure alone is generally not a reason to remove a good-faith tenant.
- Keep paying rent to whoever the court or the new owner's written notice says, keep receipts, and call legal aid before you move.
What to do today
- Read the writ for the date or time you must be out. If you cannot tell, call the sheriff's office named on it.
- Call legal aid right away. Ask whether the writ was issued correctly, whether you can still appeal or ask for more time, and what rights renters in the home have. See lawyers by city.
- Move important papers, medicine, IDs and valuables first. Ask the sheriff or court what happens to belongings left behind.
- Ask the new owner in writing for more time or relocation money. Get any deal in writing; see cash for keys.
- Check whether there is surplus money from the sale on your state's after the sale page.
- If you need help finding housing, call a HUD-approved housing counselor at (800) 569-4287.
Scams tied to this order
- Anyone who says they can stop the writ or undo the sale for a fee paid up front.
- Anyone who asks you to pay rent or a "deposit" to stay, unless it is the new owner or the court and you have it in writing.
- Companies offering to recover surplus funds for a large percentage before you have checked how to claim them yourself.
See foreclosure rescue scams. Report scams at ReportFraud.ftc.gov.
What it is called in your state
- CaliforniaSummons, Unlawful Detainer, Eviction (form SUM-130)
- FloridaWrit of Possession
- GeorgiaDispossessory warrant (affidavit) and summons
- MichiganJudgment, Landlord-Tenant (form DC 105) and Application and Order of Eviction (form DC 107)
- New JerseyWrit of Possession
- TexasCitation in a suit to evict (justice court)
How much time do you have? It depends on your state.
See the foreclosure timeline, deadlines and free local help for the state where the home is.
Common questions
Can the new owner change the locks before the writ is carried out?
In most states, no. The new owner needs a court order carried out by an officer. If someone tries to lock you out without one, call legal aid right away.
Can I ask the judge for more time?
Sometimes. In New Hampshire, for example, a judge may delay the move-out up to 60 days, or 75 in some cases, if you pay weekly rent. Wisconsin Law Help says you can ask for more time or agree on a move-out date. Ask legal aid quickly, because the time left after a writ is short.
What happens to my things?
Rules differ. In Connecticut, belongings that are removed go to town storage and can be sold if not claimed within 15 days. In North Dakota, the rules give 30 days after the sheriff's deed for belongings left behind. Move what you can before the date and ask the sheriff about the rest.
Keep reading
- Late notice and early intervention letterThis letter is a warning, not a foreclosure. Federal rules make your servicer reach out early and tell you about help. In most cases a foreclosure cannot start until you are more than 120 days behind, so this is the best time to act.
- Breach letter (demand or notice of intent to accelerate)A breach letter says you are in default and gives you a date to catch up. If you do not, the lender can call the whole loan due and move toward foreclosure. Many standard mortgages and deeds of trust require at least 30 days to cure.
- Notice of defaultIn many states that foreclose without a court, a recorded notice of default is the official start of the foreclosure. It is not a sale and not an eviction. It starts a waiting period before a sale can be set, and you can usually still catch up or apply for help.
- Notice of intent to forecloseMany states make the lender send a warning letter before it can start a foreclosure. These letters often give you a set number of days, a cure amount and a list of free counselors. The deadline in the letter matters, so act on it now.
- Lis pendens (notice of pendency)A lis pendens is a public notice, filed in the land records, that a lawsuit or foreclosure affecting your home is pending. It does not mean the home is sold or that you must move. It usually means the court papers are coming or have already been served.
- Foreclosure summons and complaintA summons and complaint means the lender has sued to foreclose. You have a short, firm deadline to respond in writing, often 20 to 30 days from the day you were served. Missing it can let the lender win without your side being heard.