Adverse possession claims after being forced out of home.

Adverse possession claims after being forced out of home.

Student/Drug Dependency councelor · Clearlake, CA · Member since 2015 · 11 posts · 5 votes

I am a single female who recently moved into a home that had been vacant for a number of years. I did all my homework regarding ownership, heirs or wills that may have been deeded to a friend or distant relative upon original owners death. Nothing had been filed with probate nor did the assessor or records department have anything on file. I knew the next step was to inquire about the defaulted taxes to start the ball rolling. I had already established residency at this dwelling by improving the structure of the interior walls with new sheetrock and paneling as well as laying new carpet and linoleum. The yard was a mess before I had spent 2 days of weed eating, raking, & multiple dump runs. I installed new locks, had utilities turned on in my name, as well as bringing mine and my sons personal property over. 30 days later, I was greeted by police who told me I had to leave because there was someone who claimed to have inherited the property via a will. Although I knew this was bogus, the local pd did nothing to help except threaten me with arrest and told me that it was a civil matter. However, they were more than happy to accommodate this stranger every time he called for their assistance which made it obvious that I was clearly being discriminated against. Any info regarding this matter would be greatly appreciated. Thank you Forum in advance, Tina Napier- California

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
11y

So tragic, a squatter "obviously being discriminated against".

See this reply in the discussion

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  • Investor · Kern county Riverside County, CA · Member since 2008 · 494 posts · 261 votes
    11y

    Ah, finally an interesting post! Our local adverse possession expert @Rick H. hopefully will chime in. 

  • Investor · Kern county Riverside County, CA · Member since 2008 · 494 posts · 261 votes
    11y

    I often get squatters moving into my stellar properties. Often a tenant moved out and druggie friend stays. Police have always failed to remove the squatter as it is a civil matter. My only remedy is to evict. If you know the claim is bogus, they won't have the ownership authority to evict. I'm sure you showed the police your valid rental agreement signed by Harvey the rabbit, or another imaginary owner. I certainly wouldn't tell them you are "squatting". 

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    11y

    So tragic, a squatter "obviously being discriminated against".

  • Lender · Greater LA/Orange County area, CA · Member since 2012 · 3k+ posts · 3k+ votes
    11y

    With AP, you always have a standing problem. 

    A record owner, personal rep as fiduciary, heir nor beneficiary under a will cannot perfect title under AP, however you have a standoff.

    I know the public admin in your county as I've helped him in the past. 

    Sounds like your claimant pulled a fast one on you. If you are absolutely certain that they are not an heir nor have any standing, hire an attorney and file a motion for unlawful ejectment. 

    If you did NOT do your homework and this guy is an heir, there's a good chance I'll hear from him and listen to his side of the story.

  • Contractor · Rockville, MD · Member since 2014 · 423 posts · 135 votes
    11y

    Subscribed!

  • Investor · Singapore · Member since 2013 · 1k+ posts · 3k+ votes
    11y

    So you tried to steal a house and are complaining you are being discriminated against? Wow, talk about entitled! Its a whole new level! Like the burglar suing the home owner after they get injured in the house they were trying to rob! You certainly have Chutzpah at least.

  • Broker/Investor · Georgetown, TX · Member since 2011 · 249 posts · 146 votes
    11y

    How can being forced out of a house that is being strategically stolen be considered discrimination? Equally, how can a bit of renovation and yard work yield equitable possession? Although this is a comical thread I find what @Tina Garcia has done disgusting. You are not a victim, are not being discriminated against and need to consider providing shelter for your sons in a legitimate manner.

  • Investor · Kern county Riverside County, CA · Member since 2008 · 494 posts · 261 votes
    11y

    c'mon guys, I know you've gone after an adverse possession or two!

    I'm on the other side of this. If @Tina Garcia has done her  due diligence, lots of research and tons of leg work in determining that there are no immediate heirs making any claim to the property, it is truly an abandoned home. As she makes repairs and up keep on yard, it is improving the neighborhood and an asset to the community. She is rewarded with free rent. If a legitimate heir shows up, she will eventually be evicted, but not until they open probate  and get proper powers to sign. 

  • Lender · Greater LA/Orange County area, CA · Member since 2012 · 3k+ posts · 3k+ votes
    11y

    @Tina Garcia Basically, someone tried to "out-squat" you. I've had the happen.

    Do not loose hope just yet. Other than Derek, the other posters just have a strong bias opinions and not grounded in CA law. 

    There is a way to go back and evict someone who takes possession subsequent to you without having record title in the chain. I'm not going to post it publicly as I do not wish to give it away to folks who think you are trying as steal the house. You can message me privately or go to my 'buy Rick coffee' tab.

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    11y
    Originally posted by @Wayne Brooks:

    So tragic, a squatter "obviously being discriminated against".

    Gotta say though that I'm envious that the supposed heir got police attention on this.  The police have never once helped me with a tenant or squatter issue.  Even when it was trespassers openly using or dealing.  

    The OP is one rough area.  The police came because squatting is pretty prevalent and is most often connected to drug action. Indeed, it's a civil matter and the heir will have to take on the OP in court.   

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    11y
    Originally posted by @Derek W.:

    c'mon guys, I know you've gone after an adverse possession or two!

    I'm on the other side of this. If @Tina Garcia has done her  due diligence, lots of research and tons of leg work in determining that there are no immediate heirs making any claim to the property, it is truly an abandoned home. As she makes repairs and up keep on yard, it is improving the neighborhood and an asset to the community. She is rewarded with free rent. If a legitimate heir shows up, she will eventually be evicted, but not until they open probate  and get proper powers to sign. 

    C'mon.  You and I both know that pre AP due diligence to find heirs or possible beneficiaries is more than what the OP posted.  And that open and notorious use has RISK.  Inherent risk.  You win some you lose some.

    I say let's see if the supposed heir/claimant follows through.  Do they open a probate to get letters in order to get standing to evict an AP squatter from a POS property in Clear Lake?   My guess is the value might be too low for the beneficiary to fork over a retainer or even just the court filing fee. Are we taking bets on this one?

  • Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes
    11y

    @Tina,

    Wow. So, you "took possession" of someone's property without a title search / closing?

    Maybe doing it the RIGHT way - with an attorney, title agent, etc. - would have been more beneficial.

    Hope you can salvage your "investment", though it's not looking good right now.

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    11y
    Originally posted by @Tina Garcia:

    I am a single female who recently moved into a home that had been vacant for a number of years. I did all my homework regarding ownership, heirs or wills that may have been deeded to a friend or distant relative upon original owners death. Nothing had been filed with probate nor did the assessor or records department have anything on file. I knew the next step was to inquire about the defaulted taxes to start the ball rolling. I had already established residency at this dwelling by improving the structure of the interior walls with new sheetrock and paneling as well as laying new carpet and linoleum. The yard was a mess before I had spent 2 days of weed eating, raking, & multiple dump runs. I installed new locks, had utilities turned on in my name, as well as bringing mine and my sons personal property over. 30 days later, I was greeted by police who told me I had to leave because there was someone who claimed to have inherited the property via a will. Although I knew this was bogus, the local pd did nothing to help except threaten me with arrest and told me that it was a civil matter. However, they were more than happy to accommodate this stranger every time he called for their assistance which made it obvious that I was clearly being discriminated against. Any info regarding this matter would be greatly appreciated. Thank you Forum in advance, Tina Napier- California

    Tina:  you say that that you knew the next step was to inquire about the taxes.  What is the status?  Are they defaulted? If you moved into property when the taxes were being paid by someone, your due diligence wasn't diligent enough.  If the beneficiary in the supposed will is paying them, then you might have wasted your home improvement money.  Someone keeping the taxes paid likely has an interest in the property.

    That being said, they would still need to open a probate to get standing to evict you.  They may or may not be interested in doing that or spending additional funds.  There may be a better way for you to acquire the property than AP.  

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    11y
    Originally posted by @David Dachtera:

    @Tina,

    Wow. So, you "took possession" of someone's property without a title search / closing?

    Maybe doing it the RIGHT way - with an attorney, title agent, etc. - would have been more beneficial.

    Hope you can salvage your "investment", though it's not looking good right now.

    This is an adverse possession thread.  Not an "I forgot to get title insurance" thread. AP requires open and notorious use. There is no closing or title agent. After meeting the requirements of the state civil code, which REQUIRE trespassing, there is a quiet title action.  There's more than one "right way" to acquire property.  

  • Investor · Kern county Riverside County, CA · Member since 2008 · 494 posts · 261 votes
    11y

    We have all replied a lot of info without hearing from our OP. @Tina Garcia can we get more info?

  • Student/Drug Dependency councelor · Clearlake, CA · Member since 2015 · 11 posts · 5 votes
    11y
    Originally posted by @Account Closed:

    So you tried to steal a house and are complaining you are being discriminated against? Wow, talk about entitled! Its a whole new level! Like the burglar suing the home owner after they get injured in the house they were trying to rob! You certainly have Chutzpah at least.

  • Student/Drug Dependency councelor · Clearlake, CA · Member since 2015 · 11 posts · 5 votes
    11y

    I came on this forum to get information not to be insulted or judged by people who know nothing about me! I did not steal anyones home. The owner is dead with no living relatives or friends. I am not squatting nor a druggie! Squatters sneak in & out of windows coming & going without being noticed, as i do not. I made this place a home, did many repairs & paid taxes which had been defaulted since 2012 & is almost equivelent to the actual purchase price had I bought it outright. 

  • Student/Drug Dependency councelor · Clearlake, CA · Member since 2015 · 11 posts · 5 votes
    11y

    Many of you find this comical so i will remove myself from this forum gracefully unlike some rude comments from this peanut gallery.

  • Investor · Kern county Riverside County, CA · Member since 2008 · 494 posts · 261 votes
    11y

    @Tina Garcia I'm afraid you may have missed the fact that three people who replied are incredibly knowledgeable and understand exactly what you are doing and have given you fantastic advice and even offered further information. I hope you got that through the other negative posts. But this is a public internet forum, so toughen your skin and ignore the haters and embrace the good advice. 

  • Dana WhickerPro Member
    Investor · Fernandina Beach, FL · Member since 2014 · 557 posts · 374 votes
    11y
    Originally posted by @Tina Garcia:

    Many of you find this comical so i will remove myself from this forum gracefully unlike some rude comments from this peanut gallery.

    Tina I hope you come back to this thread.  The guy up there ^^ named Rick Harmon that offered you information, you should PM him, really.

    That and I was hoping to hear the rest of the story.

    Good luck in any case!

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    11y
    Originally posted by @Tina Garcia:

    I came on this forum to get information not to be insulted or judged by people who know nothing about me! I did not steal anyones home. The owner is dead with no living relatives or friends. I am not squatting nor a druggie! Squatters sneak in & out of windows coming & going without being noticed, as i do not. I made this place a home, did many repairs & paid taxes which had been defaulted since 2012 & is almost equivelent to the actual purchase price had I bought it outright. 

    Don't let the negative language of AP confuse you. In order for you to perfect your AP claim, you do actually have to be trespassing and/or squatting.  That means you have to be breaking the law by moving into the property. If you had permission then it's not "adverse and notorious" against the true owners and you wouldn't be able to get title via AP.  Squatting in California is not what you say it is, although I realize the stigma of the term up at the lake.  Squatting has a long tradition that has nothing to do with drugs or going in and out of windows.  Our state government keeps the AP period at 5 years, which is very short.  There is still a "use it or lose it" intent for real property in CA.  

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    11y

    One more suggestion:  I'd not write off the supposed heir in the supposed will until you know for sure that his claim isn't real.  Why not find out what the real story is?  Why he hasn't opened probate and/or paid the taxes.  If he really is an heir and this is a low valued prop, you might be able acquire the property a better and faster way than AP.  

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    11y

    @Derek W.  I think we lost the OP.  Which is too bad because gaining title via AP of residential property in CA is a real thing and real case examples are useful. However, as you and I know it is not for the faint of heart.  If you can't handle the heat of possible claims of trespassing and/or people on the internet saying you are stealing, you are not cut out for AP.  Indeed you must act in way that other people would call stealing otherwise it's not AP. One of the common (and weakest) defenses of amateur APers I've encountered is that they are cleaning up or bettering the property and/or the neighborhood.  Another huge mistake, IMO, is operating on the belief that decedents have no heirs.  Everyone has heirs, it's just a matter of who and how to find them.  

    I'm not sure what the OP expected when she moved into the property and paid the property taxes.  To perfect the claim, the CA courts require you to find and serve heirs.  Most cases I've read for the last decade did not allow for substitute service by publication. You end up having to serve people who might know nothing about the property or sometimes know nothing about the decedent.  These people have no claim if you've properly completed the open and notorious use and paid the taxes, but it stirs up trouble and legal fees.  Ask me how I know.  :)

    I haven't APd a residential property in several years.  These days I'm more interested in vacant land for AP.  However, this thread has reignited my interest in residential. 

  • Real Estate Agent · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
    11y

    Adverse Possession

    When someone publicly moves into and improves an otherwise neglected property, he or she may acquire title to that property after a certain amount of time has passed. This is called "adverse possession," based on the notion that land should not sit idle. These protections are not valid if the possession of the property is done in secret. California adverse possession laws require at least five years of possession and payment of taxes throughout that period in order to be eligible for legal title.

    - See more at: http://statelaws.findlaw.com/california-law/califo...

    Just because you moved into a property and pulled some weeds does not give you the rights of a an owner until the above conditions are met.

  • Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes
    11y
    Originally posted by @Tina Garcia:

    ... I did not steal anyones home. The owner is dead with no living relatives or friends.  

    Well, yes, you did. It still belongs to the deceased owner's estate until it is seized/sold by the county for non-payment of taxes, or passed to an heir or otherwise disposed of by the court. You already restarted the clock on the taxes. So, you still need to find an attorney who can explain CA laws regarding unclaimed assets from the estate of the (apparently) intestate deceased and the legal proceedings and statutes of limitations surrounding that.

    I know there are gurus who preach AP. 'Nuff said.

    Paying for a title search is VERY different from title insurance. It's a step you could have taken to help secure your position in light of the risk which apparently came to pass: someone appeared claiming to be an heir. If you were already in possession of the title search results you might have a stronger case to challenge their claim. It depends...

    Not everything that's legal is moral and/or ethical. Yours is not a path I would have chosen.

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