patrick.net

Adverse means against the owners wishes. If the lien holder allows you to stay, it is not adverse.

We have to wait 4 more ...

Nomograph says

Well, it's been well over a year since this was posted. How many people got their free house?

The original post doesn't make sense. All the bankster has to do is say "you are permitted to live here while we are considering foreclosure." It defeats being "adverse."

Nomograph says

LarryPatrickBaloneyPony says

Free house for any deliquent CA mortgage owner.

Now it's been a year and a half since the Balony Pony's original "Listen closely" post.

(1) Where are all the free houses? WHERES MY FREE HOUSE LARRY?

(2) As an upstanding Tea Party member (special emphasis on member), why do you expect the courts (i.e. the government) to give you a free house?

Let other pens dwell on guilt and misery -- Jane Austen

You have to find the houses, sorry, not going to do the work for you.

Many people started defaulting in 2008, so we are three years into some potential adverse possession cases.

Also, I don't think it really matters if a bank gives you permission to stay in your own house.

If the bank doesn't pay the property taxes, which is a burden they have to bear while foreclosing on a home owner. The whole point was, if the bank doesn't pay the taxes, and YOU do, you have a legitimate claim.

The process is know as "quieting the title". At any point, a homeowner could petition a court (here in CA, it would be the Superior Court that has jurisdiction of your house )

LarryPatrickMaloney says

Also, I don't think it really matters if a bank gives you permission to stay in your own house.

Yes, it does -- if the bank says, "you can stay in the house until we foreclose," it's not adverse. In order for adverse possession to occur, the possession must actually be adverse.

Also note that you generally can't adversely possess your own house. It's not adverse.

This whole thing is basically nonsense, and any court would throw it out of court for unclean hands. Even if the law supported this interpretation (care to provide us case law?), which it doesn't to my knowledge, it's bad faith to try to eliminate a mortgage this way anyway.

Larry you are confused here. Adverse possession will only work if something is completely abandoned. AP of an abandoned shack in the middle of a desert used for drug smuggling operations is nothing to write home about.

FortWayne says

Larry you are confused here. Adverse possession will only work if something is completely abandoned. AP of an abandoned shack in the middle of a desert used for drug smuggling operations is nothing to write home about.

Quality Auto Repair Since 1979

Nope, I'm not confused. I've done it twice. Once succesfully, another time... "almost" :)

Of course the property has to be empty, or at least not occupied by other people. Otherwise it would be trespassing.

Patrick posted an article today about a lady who has managed to stretch her foreclosure out.

http://www.dailyfinance.com/2011/10/18/how-to-stretch-out-a-home-foreclosure-for-years/?source=patrick.net

This lady makes that lady look like an utter amateur. How about staying in the house for 25 years?

ptiemann says

LarryPatrickMaloney says

[..]

Nope, I'm not confused. I've done it twice. Once succesfully, another time... "almost" :)

Of course the property has to be empty, or at least not occupied by other people. Otherwise it would be trespassing.

[..]

Ok. I will bite. Post where you have successfully taken adverse possession.

County name and APN please, or, if this happens to be improved property, a street address.

You claimed to be posting under your real name (just as I do.. just google my id). I appreciate the honesty of forum members posting under their real name. I will appreciate your posts once you clarify your successful adverse possession.

No.

LarryPatrickMaloney says

Nope, I'm not confused. I've done it twice. Once succesfully, another time... "almost" :)

You may well have obtained a house by adverse possession, but you certainly didn't get your own mortgage removed by adverse possession.

That's probably why you said this:

LarryPatrickMaloney says

Of course the property has to be empty, or at least not occupied by other people. Otherwise it would be trespassing.

You were adversely trying to possess empty houses in which you were squatting. That's easy to do. The mortgage nonsense you stated above is not.

LarryPatrickMaloney says

No.

hahahahahaha

This is really a myth.

There is almost no one. ZERO. that has done this sucessfully in the last 10 years and where its a decent area as far as I know.

Its like the 'you dont have to pay income taxes, its unconstitutional myth'. just try it.

ptiemann says

It's quite interesting to observe the errors that assessor and recorder's office make.

ptiemann says

But people doing basic record search using web sites like ForeclosureRadar.com or RPRecord Search will be misled.

Are you sure it's the assessor/recorder making the error and not ForeclosureRadar or other site?

ptiemann says

A preliminary title report (issued by Chicago Title) also shows me as the owner.

ptiemann says

Chicago Title thinks the previous owner still has it.

If a title report is showing you, are you absolutely sure that your LLC owns it? Maybe I'm not understanding the difference between a "preliminary" title report as opposed to a proper title report? It seems odd that a title company would get this wrong.

ptiemann says

The big title companies have their own 'in-house' database which is effectively a copy of the recorder's data. They update their database periodically. Daily? I don't know.

Actually, I think it might be daily for the biggest companies. I think I remember reading something about a legal case that implicated this recently and said that the title company was getting a CD with the data every day.

I'm surprised to hear that your experience with title companies includes many erroneous title reports. Considering that title insurance probably has the lowest payouts of any insurance, I find it odd that they're so lax.

Also didn't know that the prelim is the same software as ForeclosureRadar -- that explains the similar errors.

PockyClipsNow says

This is really a myth.

There is almost no one. ZERO. that has done this sucessfully in the last 10 years and where its a decent area as far as I know.

Its like the 'you dont have to pay income taxes, its unconstitutional myth'. just try it.

Oh really?

http://www.wimp.com/manbuys/?source=patrick.net

IANAL - but wouldn't he have to be paying the taxes on the house in order to have an adverse possession claim?

Nomograph says

LarryPatrickMaloney says

Oh really?

Didn't you see your own link? He didn't get ownership, HE IS JUST SQUATTING. He doesn't own shit, he just filed a piece of paper.

Why is it that bums, mooches, and freeloaders like Larry Patrick Maloney feel they are entitled to free houses?

Here's some advice from Uncle Nomo: Get a job, sir.

great advice, in my opinion. How are you getting along Doc?

Thought this was flame war but it's been going on for over a year now it seems...

My question pretty much is what if someone does not know who specifically is the bank? Given how much has been consolidated and sold to other banks it isn't always as clear as what some might think. If there is just one bank and they are assured it is just that bank then this should be simple.

This might also apply in Texas. A man bought a house for $16!
http://www.youtube.com/watch?v=OsW-qDCA-oU

On the same level there is a thing called a tax lien certificate in that if someone doesn't pay property taxes they put a lien up at auction. If you buy it (assuming you win) you are paying those property taxes. The debtor has a given period of time to pay it off plus a penalty of interest to you. If they don't pay it then you get the house. This process varies all over the place depending on the state and some states vary by the locality. In RI it is 10% and a addition 1% each month for the next six months. Even if they can suddenly pay it off the next day they still legally have to give you 10%. There are groups that did this for investment purposes (16% solution - a book details this but it's 20 years old). Now it is iffy for an investment unless you really want to put money into these houses and flip them.

First you need to understand WHY banks are not pursuing foreclosures. Its not what you think. Ever heard of BALANCED BOOKs??? Yes you have. You have two columns, and what you put in them has to balance.

When bank A makes a $200,000 loan, it goes on their asset AND liability side. When you stop paying, they charge fees, fees, fees, and penalities which go on the ASSET side ONLY (because they did not lend you that money). Due to corruption at the highest level, banks are allowed to carry 'AT PAR' because if they had to mark to market, they would (and are) insolvent.

How much is a 2nd mortgage behind a 1st on a property that is underwater on the 1st worth??? Its worth $0.00 right? To you and me , yes. To the bank, its worth 'PAR' or full face value.

Example $200K first, 50K second, value of house $150K.
House is 50K underwater on first, making the second worth exactly $0.00, actually less than zero because someone somewhere has to do something which is going to cost money.

Anyway, for the meantime, the loans are marked at full face value.

IF THEY FORECLOSE and sell the property for $140K-expenses and net $125K, they now have to write a LOSS of $150,000 as in Asset= $0.00 Liability $150,000.

This is very BAD for banks, as if you can do multiplication and you use a factor of say 10million, you have a loss in the hundreds of billions.

All big banks are insolvent. This is a just a game in the Matrix folks.

Nomograph says

Bap33 says

How are you getting along Doc?

Pretty well, thanks . . . I just flamed you in a different forum.

yea, I kinda found that right after I left here earlier ... funny it was, the timing, yes. (say that last part like Yoda)

It's starting to happen. :)

http://www.youtube.com/watch?v=scW8oByzYsk&feature=player_embedded

LarryPatrickMaloney says

Wanted to follow up on my original post, and provide an interesting article.

In case I wasn't clear, if you are foreclosed upon, you should try to stay in the house. Fight to stay, and if you can stay for five years after foreclosure, you have a case for adverse possession.

Also, check out this article:

http://www.miamiherald.com/2010/05/24/1645122/new-rule-says-banks-must-prove.html?story_link=patrick.net

Actually, the decent and moral thing to do would be move out, clean, and call the bank and ask where to drop the keys. All before being evicted or foreclosed on.

One requirement to take title through adverse possession, is that your possession is "hostile to the interests of the owner."

If you're already on the title as the owner, this wont work because you can't possible be possessing the property, hostile to your own interests.

Please do not take this guys advice!

It would be difficult to convince my fiance that breaking into a foreclosed house and living there like hobos for 5 years while hoping the bank doesn't notice is a good life choice.

Nomograph says

WHERES MY FREE HOUSE LARRY YOU PROMISED ME A FREE HOUSE ON THE INTERNETS

Here you go "Nomograph":

http://detroit.cbslocal.com/2012/02/06/detroit-squatters-may-be-allowed-to-keep-homes/

Well this guy got to live in a nice house for $16 for 8 months. I guess he can try to find another.

http://www.khou.com/news/texas-news/Original-adverse-possession-squatter-gets-eviction-notice-138405394.html

He wrote the book and he got the boot.

So, did anyone read this post, from this great Dr. HousingBubble article about 9 years of properties in CA?

http://www.doctorhousingbubble.com/california-has-nearly-9-years-of-housing-supply-58-county-mls-supply-and-foreclosures/#comment-58724

"Lyle
October 4, 2010 at 10:15 pm

Note that in Ca the adverse possession laws apply after 5 years of paying taxes and with color of title. So that means any action against the foreclosing bank, can only get the house back for 5 years, because after that the current owner (or member of a chain of owners since the foreclosure), has aquired the ownership by adverse possession. So if people want to reclaim then need to start filing now. Of course this is a great way to solve the surplus of Lawyers in the US."

Can I get some smilies?

Somebody has to pay the taxes in a timely fashion, not necessarily the adverse possessor. See below.

California Code of Civil Procedure Section 325
Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 325
(a) For the purpose of constituting an adverse possession by a
person claiming title, not founded upon a written instrument,
judgment, or decree, land is deemed to have been possessed and
occupied in the following cases only:
(1) Where it has been protected by a substantial enclosure.
(2) Where it has been usually cultivated or improved.
(b) In no case shall adverse possession be considered established
under the provision of any section of this code, unless it shall be
shown that the land has been occupied and claimed for the period of
five years continuously, and the party or persons, their predecessors
and grantors, have timely paid all state, county, or municipal taxes
that have been levied and assessed upon the land for the period of
five years during which the land has been occupied and claimed.
Payment of those taxes by the party or persons, their predecessors
and grantors shall be established by certified records of the county
tax collector.

StoutFiles says

It would be difficult to convince my fiance that breaking into a foreclosed house and living there like hobos for 5 years while hoping the bank doesn't notice is a good life choice.

She/he sounds unreasonable. Dump him/her, find someone who appreciates squatting and have at it.

APOCALYPSEFUCK is Tony Manero says

I believe everything I read on the Internet.

I'm the Queen of England, just haven't posted pics of my corgis 'cause it would have given me away.

Nomograph says

LARRY I WANT MY FREE HOUSE WHERE IS IT LARRY YOU PROMISE ME

Take your neighbor's while they're on vacation. Duh.

I don't think the banks are that stupid.

[...]

Looks like CA might start taking the houses from Banks...

http://online.wsj.com/article/SB10001424052702303933404577505013392791018.html

'Squatters' win restraining order against RE Agent.
=========================================

Area real estate agent said she's being taken to court by squatters in Antioch who have taken over a house she's trying to sell.

As many as three people have been living in the Concord home since December. Even though the owner never gave them permission to move in, they're apparently not moving out without a fight....

http://www.ktvu.com/news/news/squatters-issue-restraining-order-against-real-est/nMfBm/

How did we miss this?

LarryPatrickMaloney says

'Squatters' win restraining order against RE Agent.

=========================================

Area real estate agent said she's being taken to court by squatters in Antioch who have taken over a house she's trying to sell.

As many as three people have been living in the Concord home since December. Even though the owner never gave them permission to move in, they're apparently not moving out without a fight....

http://www.ktvu.com/news/news/squatters-issue-restraining-order-against-real-est/nMfBm/

How did we miss this?

Imagine what would happen to these squatters if this were in Texas. Welcome to California. :)

I like this quote: "Best time to be a squatter..."

http://ochousingnews.com/oc-beach/dana-point/banks-increase-foreclosures-30-notices-plummet-reo-pipeline-stabilizes?source=Patrick.net

Again, nobody is putting 2+2 together.... The banks are allowing squatting, and if you can do it long enough, you could clear your liens.

http://ochousingnews.com/news/september-delinquencies-skyrocket-7-72-foreclosure-filings-decline-20-4-shadow-inventory-grows

Im not sire the details, but happens to people in prison, or did in one instance, happened to a familly member of mine here in California. How I fit in this whole thing, I will explain. sucks for me and my brother is how. Now im buying a old rotten stick in sand house next door. When house squat heisting try really hard not to due it to people you know! Someone fathers thatn has kids may be doing time and you may know that because your friend or familly and you might move in and you might legally end up owning there home! Understand that its usually people you know that you get the opportunity to take everything from. Marry there gal, quit there company start your own. Unfortunate fact of life. It hard to be straight, I am, and im broke and I will own my shack in 8 more years.

Zombie Foreclosures: Yet another reason to get your 'free' house.

Remember, in California, you just have to go FIVE years, and you can 'quite' your title.

Just like this guy found out the hardware. Adverse possession laws can be a good thing.

http://www.nbcnews.com/business/zombie-titles-haunt-victims-home-foreclosure-1B7933378#

Ya, my spelling has prolebms sometimes. ;)

The bank still has a lien on the house. He could have that lien removed if he was in CA (by now), but in Ohio it takes 20 years. :(