Winning bidder with title. How do I handle belongings?

[Tony Martin]

I talked to security/the HOA office and it was pretty clear prior owners have not been around for a while. The office had a key. I entered unit after having knocked vigorously. Yelled "is anyone here". Nobody was there but also no signs of them moving out. House is full of personal belongings; TVs, laptops, etc. Do I need the sheriff to handle (monitor) removing these belongings? I'd like to know what my legal stance is here. What's the easiest way of getting this stuff clear from the unit without opening myself up to some sort of liability?

[Marty Boardman]

You have to treat the former owner as a tenant. Their belongings may need to be stored for a short period of time before you can remove and/or sell them. I'm not sure exactly how the legal process works in Florida, but in Arizona where I live you need to get a Writ from the court and have the sheriff handle the eviction. 

Here's a link I found with more info about Florida.

https://www.nolo.com/legal-enc...

[Tony Martin]

Thanks Marty. That's the type of answer I was looking for.  However, I already knew about writ.  I'm curious though if I legally need a writ to remove and store their possessions alone.  Doesn't seem they need to be removed as they cannot be found. 

[Marty Boardman]

Quote from @Tony Martin:

Thanks Marty. That's the type of answer I was looking for.  However, I already knew about writ.  I'm curious though if I legally need a writ to remove and store their possessions alone.  Doesn't seem they need to be removed as they cannot be found. 

I actually have a client I'm working with in Wisconsin that removed an owner's belongings after the auction. He tried reaching out to the owner but couldn't find him. A few weeks later my client got hit with a burglary charge. It's a crazy story. Now he's in court having to prove he didn't steal the former owner's lawn mower and other personal items. It turns out the bank removed everything home before the sale because they thought it was abandoned too.

[Scott Wolf]

@Tony Martin, my friend Matt Leider may know about this stuff.  He's an attorney in Boca Raton.  http://mmlslaw.com/attorneys/

[Tony Martin]

Update:  This ended with previous owner/tenants breaking in and me still happy.  

I changed locks but left all personal belongings in unit as I decided what to do with them/how to get them back to prior owner/tenants.  Multiple attorneys (Matt Leider included) all advised the belongings are considered abandoned (auction only) if prior tenants/owners are missing but personal property still there.  One even told me that I could invite neighbors over to help themselves to make my job of removing stuff easier.  A couple of them said that a writ from sheriff was not required but was the preferred advice.  I did not want to simply discard someone's personal stuff.  There were men's watches there probably totaling 10k or more in value, family photos, etc.  

They gingerly broke in twice through a window without breaking glass. After the 1st break-in, the HOA told me to make a police report which I decided not to. The last time they finished getting what they wanted and leaving what they didn't. They even left laundry keys on counter. Didn't remove appliances, vandalize or anything they shouldn't have done (exception of breaking in). Even left a new appliance that wasn't installed, still in box.

A satisfactory end.