Vacant homes: do not disturb?

Letter to the Editor

Inman News

Re: 'Own a vacant home? Take precautions' (July 31)

Dear Editor:

While the intent and concept of the people and companies presented here may be genuine, I would be very careful: the issue is legal right.

In the state of Florida, the lender, the homeowners association, a neighbor or any other party has no legal right to trespass on private property, regardless of the reason, without written consent from the owner. It is that very same reason why Realtors, mortgage brokers and attorneys must have a letter of authorization to even speak on behalf of the owner.

If the person(s) were to be injured on that property, an attorney is going to have a field day with whomever engaged them, especially if they have deep pockets. Late last year Congress tried to make lenders responsible for abandoned properties but failed to enact any legislation.

It is a difficult situation that is not going to go away anytime soon.

Bruce Elliott
Director of distressed assets
Stirling Sotheby's International Realty
Orlando, Fla.

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