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What do we do with property left in a unit after a lien foreclosure?
Ideally, after the lien foreclosure is completed, a certificate of title has issued, and the Association has obtained a Writ of Possession, the Association will have the Sheriff come and serve the Writ of Possession, and at that time, while the Sheriff is still on site, all personal property of the unit owner will be removed from the unit to the curb. However, sometimes personal property is left in the unit and the Board says “What do we do with all this stuff?”
Foreclosure auction signs (Photo credit: niallkennedy)
The answer is found in Chapter 715, Florida Statutes. Although addressed to tenancies, that Chapter provides that a statutory form of notice must be sent to the former occupant describing in detail the property left behind, advising them where the property is being held for storage, and further advising that upon payment of the reasonable costs of storage and advertising, they may reclaim their property. The notice must further specify that if the property is not claimed within the statutorily proscribed time, the property may be sold at public auction, and the proceeds (after costs) will be paid to the county in which the property is located (which may be claimed by the owner within one year of receiving the money). If the property is believed to be worth less than $500.00, the notice may also advise that the property may be kept, sold, or destroyed without further notice (after the time to reclaim the property stated in the notice has passed).
SB 706 - Condominiums
Condominiums (Photo credit: mjb84)
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(2) After all parties have been served and not earlier
than 48 days after the filing of the foreclosure case, any party
may request a case management conference at which the court
shall set definite timetables for moving the case forward. If
any other hearings are set in the case, the case management
conference shall be conducted at the same time as the scheduled
case. At the conference, the court may grant extensions or stays
in the proceedings on a showing that the plaintiff and property
owner defendant are engaged in mediation or good faith
negotiations with regard to a loan modification or other
settlement only if the property owner pays, or the lender agrees
to pay, applicable condominium, cooperative, or homeowners’
association assessments coming due after the entry of the
extension or stay and keeps such assessments paid current
through the conclusion of the foreclosure action.
Service of process on the registered agent of a condominium association
