What is a writ of assistance?

A writ of assistance is a judicial order issued by the court that instructs the Marion County sheriff (or relevant county sheriff in the Indianapolis Metro area) to remove occupants from a foreclosed property. This order comes into play after the foreclosure sale has concluded and the new owner has taken title to the property. If the former owner or other occupants refuse to vacate voluntarily, the writ gives law enforcement the authority to physically remove them and secure the premises.

A lender typically requests a writ of assistance when the foreclosure process is complete but occupants remain in the home. This commonly occurs when a homeowner challenges the sale, refuses to leave, or when tenants or other residents dispute their right to occupy the property. The writ is not automatic. The lender or new owner must file a separate motion with the court, which then decides whether to issue it based on the circumstances of the case.

In Indiana foreclosure proceedings, the writ represents the final legal step to transfer actual physical possession of the property. Without it, a lender can hold the title but may still face a lengthy holdover eviction action. Once issued, the sheriff is typically given a deadline to execute the writ, and occupants receive formal notice of the removal date. Understanding when and how a writ of assistance applies is important for foreclosure attorneys managing the transition from sale to possession in the Indianapolis region.