- Who sends it
- The court clerk issues it at the lender's request with court approval; a sheriff serves it
- What it starts
- At least 14 days after service before the sheriff can remove you
- Do this first
- Write down the service date and the 14th day after it, and start moving your belongings
What this writ is in Vermont
When the redemption period in the decree ends without redemption, the clerk issues a writ of possession at the lender's request. For a dwelling house the owner lives in as a principal residence, the clerk issues it only at the lender's request and upon approval of the court (12 V.S.A. § 4946(d); see also § 4941(e) for strict foreclosure).
The writ is carried out the same way as a writ after an ejectment judgment. Under 12 V.S.A. § 4854, the writ directs the sheriff to serve it on you and, not earlier than 14 days after service, to put the plaintiff into possession.
For how this kind of document works in every state, see the national guide: Writ of possession, assistance or restitution.
What it does and does not mean
- It can come before or after the auction. VTLawHelp says the bank can ask for it any time after the redemption period ends, though it usually waits until after the sale.
- The sheriff must serve it on you first. The lender or buyer cannot remove you itself.
- VTLawHelp says you will have 14 days to move your belongings and get out, and the sheriff can remove you if you have not left by then.
- If renters live in the home, a writ served on a residential tenant cannot be carried out sooner than 30 days after service, or longer if federal law requires (12 V.S.A. § 4946(d)).
The deadline and how to count it
- Count 14 calendar days from the day the sheriff served the writ on you. The sheriff cannot put the lender in possession before the end of that period.
- The statute sets a minimum, not an exact date. Ask the sheriff's office which day it plans to return.
- If you think the writ was issued in error, call a lawyer the same day. Waiting can leave no time to act.
What to do this week
- Write down the service date and the 14th day after it.
- Move important papers, medicines and valuables first. Arrange storage and a place to stay.
- Ask the lender's lawyer in writing whether it will give you more time or money to leave by a set date. Get any agreement in writing.
- Take photos of the home's condition when you leave.
- Give the lender and the court a forwarding address so you receive any surplus or other notices.
Free help in Vermont
Legal Services Vermont at 800-889-2047 can check whether the writ was properly issued and served. The Vermont Judiciary's Access and Resource Center at 802-879-1185 answers questions about court forms. See the Vermont foreclosure help page.
- If you need emergency housing, ask Legal Services Vermont or a HUD-approved housing counselor where to turn.
- Be careful with anyone who promises to stop the sheriff for a fee. Only the court can change the writ.
The rest of the Vermont process
See how foreclosure works in Vermont, the timeline, ways to stop it and free help in Vermont, or read the national guide to this letter.
Common questions
How long do I have after a Vermont writ of possession is served?
The sheriff cannot put the plaintiff into possession earlier than 14 days after serving the writ (12 V.S.A. § 4854), and foreclosure writs are carried out the same way (12 V.S.A. §§ 4941(e), 4946(d)).
Can the lender get a writ before the foreclosure sale?
It can ask once the redemption period ends. For a home you live in, the clerk issues it only with court approval (12 V.S.A. § 4946(d)). VTLawHelp says lenders usually wait until after the sale.
What if renters live in the home?
A writ served on a residential tenant cannot be carried out sooner than 30 days after service, or later if federal law requires (12 V.S.A. § 4946(d)).
Other Vermont letters
- Foreclosure Summons and Complaint, with the Important Notice to Homeowner and Verified Answer formA Vermont lender must sue in the Civil Division of the Superior Court to foreclose on a home you own. The papers include a notice to homeowners, a mediation request form and a blank Verified Answer form. Vermont legal aid says your written, signed answer is due within 21 calendar days of receiving the complaint.
- Notice of Mediation Rights and Request for Mediation formIf you live in your Vermont home and it has 4 or fewer units, the lender must serve you a notice of your mediation rights with a form to ask the court for mediation. When you ask in time, the court must send the case to a neutral mediator who is a Vermont lawyer. The lender has to review you for options like reinstatement, modification, forbearance and short sale, and explain any denial.
- Final Judgment Order and Decree of ForeclosureThe Final Judgment Order and Decree of Foreclosure says the lender won and states the total you owe and the date your redemption period ends. For a home you live in, that is usually 6 months from the decree unless the court orders less. You can stay in the home and keep it by paying the judgment amount before redemption ends, or before any public sale.
- Notice of SaleIn a Vermont judicial sale foreclosure, the notice of sale gives the date, time and place of the auction of your home. It is mailed after your redemption date has passed and at least 30 days before the sale, and it runs in a local newspaper for 3 weeks. The notice itself says you can still redeem before the sale by paying the full amount due plus sale costs.
- Report of Sale and Request for ConfirmationAfter the auction, the lender files a sworn report of the sale with an accounting of the money and asks the court to confirm the sale. It must mail you a copy. Title passes to the buyer when the confirmation order is recorded, any surplus is paid out under that order, and the lender must ask for any deficiency before the order issues.