Legal Definitions - HAB. FA.

HAB. FA. is an abbreviation for the Latin term HABERE FACIAS POSSESSIONEM. This legal term refers to a type of court order, often called a "writ of possession," that directs a law enforcement officer (such as a sheriff or marshal) to physically remove an occupant from a property and transfer possession of that property to the party who has been legally determined to be entitled to it. It is typically issued after a court has ruled in favor of a plaintiff in a case involving real estate, such as an eviction, foreclosure, or a dispute over property ownership, and the current occupants have failed to vacate voluntarily.

Here are a few examples to illustrate how a writ of habere facias possessionem might be used:

• Example 1: Residential Eviction

  A landlord, Ms. Chen, successfully sued her tenant, Mr. Davis, for unpaid rent. The court issued a judgment ordering Mr. Davis to vacate the apartment. Despite the court order, Mr. Davis refused to move out. To regain control of her property, Ms. Chen would apply for a writ of habere facias possessionem. This writ would then be given to the local sheriff's department, instructing them to physically remove Mr. Davis and his belongings from the apartment, thereby restoring possession to Ms. Chen.

  This example illustrates the term by showing a landlord needing a court order to physically remove a non-compliant tenant and regain possession of their residential property after a legal eviction process.

• Example 2: Post-Foreclosure Possession

  A bank foreclosed on a property owned by the Miller family due to their failure to make mortgage payments. The property was sold at auction to a new owner, ABC Investments. However, the Miller family refused to vacate the home after the sale was finalized. ABC Investments would then obtain a writ of habere facias possessionem. This writ would authorize the sheriff to go to the property, remove the Miller family, and ensure ABC Investments can take physical possession of their newly acquired asset.

  This example demonstrates the term in the context of a foreclosure, where the new legal owner requires a court order to gain physical possession of the property from the former occupants who refuse to leave.

• Example 3: Commercial Property Dispute

  A business, "Tech Solutions Inc.," had a long-term lease for office space. When their lease expired, the property owner, "Urban Developments LLC," informed them they would not be renewing the lease. Tech Solutions Inc. argued they had an implied right to renew and refused to move their operations. After a court ruled in favor of Urban Developments LLC, confirming their right to possession of the commercial space, and Tech Solutions Inc. still did not vacate, Urban Developments LLC would seek a writ of habere facias possessionem. This would empower the sheriff to oversee the removal of Tech Solutions Inc.'s equipment and personnel, allowing Urban Developments LLC to take control of the office space.

  This example highlights the term's application in a commercial setting, where a property owner uses the writ to regain physical possession of business premises from a former tenant who refuses to leave after a court judgment.