the bargainink owns the propert doesn t the bank pay restitution and pony up for the family? it seems they are the owners of this home. don t they need to put a fence in. they come in and board up the front of the house and don t they have to drain the pool? absolutely, clayton. the law is clear, a homer owner, whether it s a bank or you and me, we both have to keep our property safe and for most everywhere in the country, if you own a pool, you have to fence it, and you have to have a working screen door around it. in fact, in the florida case, the screen enclosure around the pool was wide open and for a few dollars they could have fixed that door and could have saved this averted this tragedy, terrible. what s the difference then? what s the difference? why is the bank not a home owner in the situation? the bank may be the home