Legal Question in Real Estate Law in Florida

I am going into foreclosure and would like to leave the house early since it may take another year or two before it actually is taken away. My husband died last year and got a huge mortgage, more than the house is worth but the loan was in his name only, however the title was in both our names. My question is: can I drain the pool and leave it? I want to turn off the electricity and don't want to pour money into chemicals for the pool any more. Is there a Florida drain pool law? Thank you so much for the advice.


Asked on 9/04/10, 6:02 am

1 Answer from Attorneys

Lesly Longa Longa Law P.A.

If you are going to abandon the property (and I have no idea why anyone would abandon homestead without first consulting with a foreclosure defense lawyer), then you should check your city's code of ordinances. Your mortgage may have a provision that allows the lender to come back onto the property to "secure" it once it is abandoned. This is general information, not formal legal advice. You should consult with a real estate attorney in your area to get legal advice about what your options are in this situation. You may have more options than you think.

Regards,

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Answered on 9/09/10, 9:09 am


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