After the Confirmation of Sale is filed and the Sheriff’s Deed is recorded, buyer may contact the occupants of the subject premises and advise them to vacate the premises. If occupants fails to vacate in a timely manner, buyer and/or buyer’s attorney may file a Praecipe for Writ of Possession with the Erie County Clerk of Courts. Upon issuance, Sheriff’s Office shall serve the Writ of Possession on the occupants by personal service, residential service, or posting on the premises.
If the occupants refuse to vacate after service of the Writ of Possession, Sheriff’s Office shall schedule a mutually agreeable lockout date and time with the buyer. For the lockout date, buyer shall be responsible for securing a locksmith, movers and a storage unit located in Erie County. Any and all costs shall be at the expense of the buyer.
On the lockout date, buyer shall remove any and all personal property from the subject premises. Buyer may not place the removed personal property on the curb. Buyer shall transport the removed personal property to a storage unit located in Erie County for a minimum of one (1) month. Occupants may make arrangements with the buyer to retrieve the removed personal property from the storage unit. If the occupants fail to retrieve the removed personal property from the storage unit within thirty (30) days of the lockout date, buyer may dispose of the removed personal property at buyer’s discretion.
A Writ of Possession in a foreclosure action is applicable to the defendant only. If tenants are leasing the premises then buyer shall consult with a private attorney and comply with all statutory requirements.
Sheriff’s Office shall be present at the lockout at the scheduled date and time and for peaceable means ONLY. Sheriff’s Office reserves the right to modify these procedures as deemed necessary.