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Flying Fox AKA Ted L Glines

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Squatters Rights
By Flying Fox AKA Ted L Glines   
Rated "G" by the Author.
Last edited: Wednesday, February 04, 2009
Posted: Wednesday, February 04, 2009

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This article is a must-read if you or someone you know is in foreclosure or is facing foreclosure. If not, do yourself a favor and go read someone's poem; it will be loads more fun :-)

The home in the photograph was in foreclosure and is currently occupied by a squatter ...

Squatters Rights
by Ted L Glines

When a property owner defaults on his loan payments, the mortgage lender moves to foreclose on the loan. For many months, we have been treated to this growing tale of woe. And our hearts go out to those who have lost their homes. Where do they go, and what do they do now?  In the early months of this crisis, many people simply departed; abandonned their homes. Most foreclosed borrowers left their homes on the deadline stated in their notice of foreclosure. Some of them, a growing number, have elected to remain in their homes under a legal position called adverse possession (squatting). Additional homeless people have moved in to adversely occupy vacated foreclosed properties. What is squatting and how is this possible?

“Adverse possession (squatting) is similar to prescription, another way to  acquire title  to real property by occupying it for a period of  time. Prescription is not the  same, however, because title acquired  under it is presumed to have resulted from a lost grant, as opposed  to the expiration of the statutory time limit in adverse possession.

“Real  Property

“Title to land is acquired by adverse possession as a result of the lapse of  the Statute of Limitations for Ejectment, which bars the commencement of a lawsuit by the  true owner to recover  possession of the land. Adverse possession depends upon  the intent  of the occupant to claim and hold real property in opposition to  all  the world and the demonstration of this intention by visible  and hostile  possession of the land so that the owner is or should  be aware that adverse  claims are being made.

“The legal  theory underlying the vesting of title by adverse possession is  that title to land must be certain. Since the owner has, by his  or her own fault  and neglect, failed to protect the land against  the hostile actions of the  adverse possessor, an adverse possessor  who has treated the land as his or her  own for a significant period  of time is recognized as its owner.

“Title by adverse possession  may be acquired against any person or corporation  not excepted  by statute. Property held by the federal government, a state, or a Municipal Corporation cannot  be taken by  adverse possession. As long as the property has a  public use, as with a highway  or school property, its ownership  cannot be lost through adverse possession.

“Anyone, including  corporations, the federal government, states, and municipal  corporations,  can be an adverse possessor.

“Elements In order that  adverse possession ripen into legal title,  nonpermissive use by  the adverse claimant that is actual, open and notorious,  exclusive,  hostile, and continuous for the statutory period must be established.  All of these elements must coexist if title is to be acquired  by adverse  possession. The character, location, present state  of the land, and the uses to  which it is put are evaluated in  each case. The adverse claimant has the burden  of proving each  element by a preponderance  of the evidence.

“Actual Adverse possession consists of actual occupation of the land with the intent to keep  it solely for oneself. Merely claiming the land or  paying taxes on it, without actually possessing it, is insufficient. Entry on  the land, whether legal or not, is essential. A Trespass may commence adverse possession, but there must be more than temporary  use of  the property by a trespasser for adverse possession to be established. Physical acts must show that the possessor is  exercising the dominion over the land that  an average owner of  similar property would exercise.” ~http://legal-dictionary.thefreedictionary.com/Squatters+rights.

The Statute of Limitations for Ejectment, provides a legal period of time wherein a foreclosing mortgage lender may eject the tenant (squatter) from a foreclosed property. In order to do this, the foreclosing mortgage lender must present the original loan documents signed by the buyer and a representative of the original mortgage lender, said document signed in escrow. When the original mortgage lender subsequently sells the loan to a Sub-Prime lender, a problem emerges. Many such Sub-Prime lenders are unable to produce the original loan documents, and are therefore unable to prove ownership of the foreclosed property mortgage or a contractual agreement with the property's tenant. A simple Transfer of Title document does not provide a contractual agreement between the Sub-Prime lender and the tenant. It follows that they are legally unable to eject the remaining tenant of the subject property, and they are unable to resell the foreclosed property, because they cannot prove that they own the loan on said property.

Now that you have read and understood all of the foregoing legalese, there will be a test. Just kidding. At least one Congress-woman has gone on record, advising foreclosed property tenants to remain in their homes as squatters. This Congress-woman comes from a background in Real Estate law.

So, you purchased this house years ago using a loan from Ace Mortgage Lender. Two years ago, Ace sold the loan to Ajax Sub-Prime Mortgage Lender. The interest on your loan was increased until you were no longer able to make your monthly mortgage payment. You could no longer make the payment so you defaulted on the loan. Ajax foreclosed on your loan and gave you a certain amount of time to vacate the property. However, you stay living in the house (adverse possession) and you have become a squatter. Ajax threatens you but you do not move. Unpleasant, perhaps, but you still have a home.

And there is a humorous side-element because the repeated harassment of you (the adverse possessor or squatter) by Ajax is against the law in all fifty of our states. Look it up.

People who are much more elderly than myself will remember the Great Depression and its aftermath, when "squatting" was a way of life for many otherwise dispossessed people. Regardless of technological advances, history is a wheel and we seem to have come full turn.
 

 

 

 

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Reviewed by Felix Perry 2/4/2009
Sad indeed that our world has come to such a drastic state.

Fee
Reviewed by Karla Dorman, The StormSpinner 2/4/2009
Heartbreaking ... and very informative. Well penned, Ted.

(((HUGS))) and love, Karla. :(
Reviewed by Georg Mateos 2/4/2009
Not only in America my friend, here in Europe as begun. Take Island, people are abandoning home, car and possessions relocating elsewhere. The country banks put all the peoples money on that pyramid of USA's banks and when the balloon went BANK! ! ! retirement money, saved money, insurance money went puff!
How could that happen? ask the just Exiting GOP why they let their cronies to hold so long with the scam.

Georg

Reviewed by Mr. Ed 2/4/2009
A most interesting read, Ted. And I think a big problem ahead is that some of these new 'squatters' aren't even the original home owners. I've already read of several instances of abandoned, foreclosed homes, being trashed and looted by vandals - who even rip out floors and wiring, and pipes and plumbing, and in other cases, abandoned, foreclosed homes being taken over by gangs and drug dealers.

So very sad, what's happening in America today.
Reviewed by Bonnie May 2/4/2009
Our flying fox has come with more valuable information because he cares and once again wants to share his knowledge with us...this may not be as much fun a read as a poem but it is so badly needed now...you may not get many reviews on this Ted, but you will recieve much appreciation for this knowledge...love and hugs and THANKS, Bonnie



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