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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33554
Experience:  Began practicing law in 1992
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Can a writ of Possession be assigned to another Bank if writ

Customer Question

can a writ of Possession be assigned to another Bank if writ was in original bank name in florida
JA: Have you talked to a lawyer yet?
Customer: yes this is a foreclosure on a void mortgage that was rerecorded to add notary and legal description
JA: What advice did they give you?
Customer: That the final judgement was since 2014 and the time has passed to appeal. Also bank now claims that this foreclosure is about a modification that they denied I had at the start of the case
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: Florida. The last thing that was filed was a motion to dismiss writ of possession which was denied. My mortgage was paid up to the modification which I was told I did not qualify for as my loan was current
JA: Anything else you think the lawyer should know?
Customer: Yes void mortgage was assigned to Us Bank National trustee after bankruptcy
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

The rights that are available under a writ of possession can be transferred to someone else or another entity. Usually this would be done through assignment of the writ but even if the judge doesn't allow that the new entity could get a different writ of possession entered that has the same rights.

So, the answer is "yes", a writ of possession can be assigned to a different bank and the rights which come as a result of hte writ of possession can be assigned to a different bank as well.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 11 months ago.
What can I do to stop the writ
Expert:  Dwayne B. replied 11 months ago.

Hire a lawyer and ask them to file a motion to quash the writ. I'm not sure what grounds you would have, the lawyer will need to do a lot of research to see what reasons there are for quashing.