Legal Question in Real Estate Law in Florida

I have a condo in Lake Park, that I DO NOT currently live in. Its been in foreclosure for 2 yrs and has a short sale pending. I want to move back into it until either the sale or foreclosure is final. The question is, can the association stop me from moving back into it? They and the bank have both initiated foreclosure proceedings.


Asked on 10/27/09, 9:54 am

2 Answers from Attorneys

Steven Meyer CPLS, P.A.

As long as you own the condominium (meaning until the first foreclosure case is completed), you can live in it. The condo association can bar you from using the common areas, but they cannot prevent you from moving in. Our office is handling a lot of foreclosure defense cases. We would be happy to speak with you about the situation. We offer a free initial consultation. Also, you should be aware that you may have a tax situation to be concerned about with a short sale. Bankruptcy may be an option that you should consider. We would be happy to discuss all of these options with you.

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Answered on 11/01/09, 11:11 am
Jean Winters Winters & Winters, PA

No, not unless they are a 55+ community and you are not of age. They may be able to prevent you from renting it. You own the property until a court order states otherwise.

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Answered on 11/01/09, 11:13 am


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