- Who sends it
- The clerk issues it on a court order; the sheriff serves it
- What it starts
- About 24 hours to leave once the sheriff serves it
- Do this first
- Move your important papers, medicine and valuables out today
What this document is in Florida
Florida Rule of Civil Procedure 1.580(a) says that when a judgment or order is for delivery of possession of real property, it directs the clerk to issue a writ of possession, and the clerk issues it right away and delivers it to the sheriff. The official form (Form 1.915) commands the sheriff of your county to "remove all persons" from the property and put the named person in possession.
In a foreclosure, the new owner usually asks for the writ after the certificate of title is filed. Florida's official judgment form says the person named on the certificate of title must be let into possession.
What it does and does not mean
- It is the last step. By now you no longer own the home.
- The Duval County Clerk says a new owner cannot take possession of an occupied home without a writ, and that a writ requires all occupants to leave within 24 hours of being served.
- If someone other than the person named in the writ lives in the home and claims a right to stay, such as a tenant, Rule 1.580(b) lets that person file an affidavit with the sheriff explaining the claim. The sheriff then stops until the judge decides. Tenants also have separate rights; see tenant notices after foreclosure.
- It does not cancel any surplus money owed to you. You can still claim it from the clerk.
The deadline and how it runs
- The 24 hours start when the sheriff serves the writ, not when the clerk issues it.
- Hours count straight through nights and weekends.
- How much time passes between the certificate of title and the writ depends on how fast the new owner asks the court. Use any time you have to move on your own terms.
What to do today
- Pack and remove important papers, medicine, photos and valuables first.
- If the new owner offered money to leave by a set date, get it in writing. See cash for keys offers.
- If you think the writ was issued in error, call legal aid through Florida Law Help: Find a Provider immediately.
- Ask the clerk whether the sale produced surplus money and file your claim. See Florida foreclosure surplus funds.
- Give the clerk and your old servicer a current mailing address so court papers and tax forms reach you.
Help and warnings
- Florida Law Help and The Florida Bar Lawyer Referral Service (800-342-8011) can connect you with legal help.
- Be careful with anyone who offers to recover surplus money for a fee. Florida caps that fee at 12 percent of the surplus when your rights are assigned (Fla. Stat. § 45.033), and you can file the claim yourself.
- Read after a Florida foreclosure sale for the full picture.
The rest of the Florida process
See how foreclosure works in Florida, the timeline, ways to stop it and free help in Florida, or read the national guide to this letter.
Common questions
How long do I have to leave after a Florida writ of possession is served?
The Duval County Clerk says a writ of possession requires all occupants to leave within 24 hours of being served by the sheriff. Ask your county clerk or sheriff how they handle it, and plan to be out before the writ arrives if you can.
Can the new owner change the locks without a writ in Florida?
The Duval County Clerk says a new owner cannot take possession of an occupied property without a writ of possession. A vacant property can be taken after the certificate of title is issued.
I rent the home from the former owner. Does the writ remove me too?
Rule 1.580(b) lets a person in possession who is not named in the writ file an affidavit with the sheriff explaining their right to stay, and the judge then decides. Tenants also have federal and state protections, so call legal aid right away.
Other Florida letters
- Summons and Complaint to Foreclose MortgageIn Florida a lender cannot sell your home without a court case, and the summons is how that case reaches you. You have 20 calendar days after you are served to file a written response with the clerk. A phone call to the lender does not count as a response.
- Order to Show Cause for Entry of Final Judgment of ForeclosureAn order to show cause under Fla. Stat. § 702.10 sets a hearing where you must show why the judge should not enter a final judgment of foreclosure. If you do not appear or file papers, the judge can treat that as giving up your right to be heard. It is one of the fastest routes to a foreclosure judgment in Florida.
- Final Judgment of ForeclosureThe final judgment is the judge's order that the clerk sell your home if the amount in it is not paid. It sets the sale date, usually 20 to 35 days later. You can still stop the sale by paying the full judgment amount before the clerk files the certificate of sale.
- Notice of Sale (Notice of Foreclosure Sale)In Florida the notice of sale is the public ad for the clerk's auction of your home after a final judgment. It must run for at least 2 weeks before the sale. Until the clerk files the certificate of sale, you can still stop the sale by paying the full judgment amount.
- Certificate of Sale and Certificate of TitleThe certificate of sale is the clerk's record that your home was sold at auction, and filing it ends your right to pay off the judgment. If no one objects within 10 days, the clerk files a certificate of title and the buyer becomes the owner.
Sources
- Florida Rules of Civil Procedure (October 1, 2026): Rule 1.580 Writ of Possession, Form 1.915 Writ of Possession, Form 1.996(a)
- Fla. Stat. § 45.031, Judicial sales procedure
- Duval County Clerk of Courts: Foreclosure (writ of possession)
- Florida Law Help: Find a Provider
- The Florida Bar Lawyer Referral Service