Florida abandoned auto possession
A Florida condo owner dies leaving both his estate and his unit underwater and an auto in the building in his name which has some equity.
The owner dies while owning substantial funds to the Condo Ass'n.
The designated heirs refuse the inheritance (after improperly emptying the condo of all moveable objects of value) and advise the Condo that they have no interest in the auto.
It is a given that the condo has the right to have the auto towed.
The Ass'n manager, without asking anybody above him, takes it upon himself to call a towing company that tows the car, keeps it for the statutory time (30 days?) and then sell sit for an unjust enrichment of some $7000.00
The Ass'n manager claims only the towing company has the lawful right to 'realize' any profit on the equity of the car, and that therefore he did nothing wrong.
Since the only equity belonging to the deceased was the car, would it not have been lawful to either
1.leave the car in place till rightful title
to the car would have been achieved by the ass'n through foreclosing on the unit (subject to the Mortgage) and then seizing the car on a judgment, or
2. work out a suitable arrangement with a towing company to allow the equity (after towing costs) to accrue to the Ass'n?
3. Can anything be done to recover the equity from the towing company on the basis of unjust enrichment?