Squatters rights in Georgia (Scottdale, Millen: for sale, 2015, foreclosed)

[CecilW]

Not all squatting must necessarily be bad.

Near here there is an abandoned house. Even the county records don't show an owner, at least not on the internet. Door is open. Inside littered with trash. Appliances missing. Don't know if wiring has been stripped or not. Plumbing fixtures still seem ok, but cabinets have been trashed. Roof appears to have minor leak in one spot. Windows mostly ok. Outside as grown up and covered with leaves as you would expect.

Now, if a person currently down on their luck, someone who HAD self respect, who had been a professional and a home owner before things went bad, were to move into this derelict, take if out of play for those who occasionally use it for overnight messy squatting, put the yard in order, clean it up, fix the doors and windows and roof, get any plumbing and wiring fixed that required it, and bring in appliances, and generally make a neighborhood eyesore into a pleasant neighbor, it sounds like it would be a good thing.

This is obviously a far different scenario than the above situation where a man has figured out how to "legally" latch onto a $300,000 home whose ownership is muddled, or attempting to take a home from heirs who don't keep it up to the neighbors' exacting standards.

[neil0311]

Originally Posted by CecilW

Near here there is an abandoned house. Even the county records don't show an owner, at least not on the internet.

Not sure how this is possible. Every property has a deed filed and the Assessor with the county or municipality that is responsible for the taxation has an owner on record.

Someone may have "abandoned" the property, but there is an owner of record on file. Whether or not that person is living or can be contacted is another story.

[rcsteiner]

Originally Posted by neil0311

Not sure how this is possible. Every property has a deed filed and the Assessor with the county or municipality that is responsible for the taxation has an owner on record.

Someone may have "abandoned" the property, but there is an owner of record on file. Whether or not that person is living or can be contacted is another story.

Maybe it's on county-owned land?

I know there were several houses we found on various islands up in Voyager's National Park in northern Minnesota, and we always wondered who owned them. The original owners were ordered to vacate when the park was opened, I think, so I suspect those structures are now federal property.

[FlyingFox]

Originally Posted by aries4118

Alleged home squatters indicted, accused of million-dollar racketeering scheme *| ajc.com

It's a crime, plain and simple. Grand-theft-home. Go directly to jail. Do not pass Go.

The only "squatter's rights" that should apply are when someone who previously resided at the property legally (a renter who stopped paying, an owner who got foreclosed) still resides there after losing their legal rights as a tenant or owner. At that point they have to be evicted, but there's a process to that to ensure they have had adequate opportunity to re-mediate and/or move out before getting thrown out on the street by the police.

As for moving into a property that isn't yours, occupying it, claiming possession to it, and renting it out... trespassing, fraud, and theft.

[FlyingFox]

Originally Posted by anarchist99

There are a growing amount of squatters cause our Government finds it more necassary to fuel wars than to help out it's own inhabitants, hard working people lose thier jobs, can't pay medical bills, can't even afford to feed their own children. God forbid some people move in to a dwelling that no one lives in, riddle me this, people used to live there and paid god knows the amount of money to stay there, now the bank owns it, question is, WHO PAYS FOR IT NOW ??? do they put money into their own pockets, NO tax payers are paying for it, is it really that radical of an idea that as human bein gs we can take care of each other. The real enemy wears a three piece suit. OCCUPY THE WORLD WE ARE THE 99% !!!!

It would be nice if banks that couldn't sell homes allowed poor people to live there free or at very-low-rent. But they don't have to do this and people who move into homes that aren't theirs without permission are committing a crime.

Imagine if you came back to your home or apartment after being away for the weekend and found someone else living there. How would you feel? I'll tell you what will inevitably happen: The home owner will get his buddies/neighbors, arm themselves with shotguns, and the occupier will be dragged out of the home dead-or-alive.

[ATL_II_DMV]

Originally Posted by anarchist99

There are a growing amount of squatters cause our Government finds it more necassary to fuel wars than to help out it's own inhabitants, hard working people lose thier jobs, can't pay medical bills, can't even afford to feed their own children. God forbid some people move in to a dwelling that no one lives in, riddle me this, people used to live there and paid god knows the amount of money to stay there, now the bank owns it, question is, WHO PAYS FOR IT NOW ??? do they put money into their own pockets, NO tax payers are paying for it, is it really that radical of an idea that as human bein gs we can take care of each other. The real enemy wears a three piece suit. OCCUPY THE WORLD WE ARE THE 99% !!!!

I understand your point of view, but you never know if the bank is going to make a profit off of the house or is close to selling the property.

You can just let squatters move in properties b/c many times squatters don't care about the quality of a house and will ruin the place, foreclosures are priced so low that they're flying off of bank's property lists now.

Banks can't risk letting squatters live in the property b/c it will decrease the luster to someone interesed in buying.

People struggling should look into homeless shelters or head down to the local mission.

Some of the mega churches should also use some of the space in the multi-million $ facilities to house homeless IMO since they claim they're supporting the Lord's work.

[jackwack]

YES (for those of you not understanding), the state of GA (like, I believe, most states) has what is popularly known as "squatters" rights.

I think technically it is described as Adverse Possession, Prescriptive Title, or Color of Title.

There are Statutes of Limitations involved before a "squatter" can take title. I believe anywhere from 7 to 20 years.

I think part of the theory, dating back many, many years, is that if someone came into abandoned property and IMPROVED that property they would have some redress to gain title. Some lawyer type might explain it better.

And as a cautionary note, NOBDOY has the right to go into a structure guns blazing to kill someone (no matter how justified) unless the elements of Jeopardy - Ability - Opportunity are present.

I am no expert by any means, but to the OP I hope you might realize their are laws protecting what the media has come to describe as "squatters." And remember, the media protrayal of many differnect aspects of our society is, shall we say, off base.

[Millenium-Eden]

What are you all talking about people, there ARE squatters rights in Georgia. See [url=http://www.atlantabusinesslawyerblog.com/2010/04/georgia_statutes_dictate_adver_1.html]GEORGIA STATUTES DICTATE ADVERSE POSSESSION, PRESCRIPTIVE TITLE, AND COLOR OF TITLE --[/url]. Why do you people always make a point of pretending like you know about things that you don't. Afraid someone will think you're ignorant if you DON'T KNOW the answer? Well now you DO look ignorant for giving false information to someone asking a serious question.

The answer is YES, there are squatters rights.

NO, the police cannot charge you with breaking and entering if the property is not inhabited and you enter for the purpose of LIVING there not for CRIMINAL purposes.

YES, the OWNER MUST be the one to file for eviction, but even then they MUST have PROOF of legal chain of title and a legitimate deed.

IF you live in the property for 20 years you can LEGALLY obtain the title (see adverse possession laws) and own it after squatting in it. The condition is that you IMPROVE the property and not damage it. If you damage it and do not fix it, it becomes an act of vandalism and you can be charged criminally for criminal damage to property, SEE [url=http://www.georgiapacking.org/GaCode/?title=16&chapter=7&section=21]OCGA 16-7-21 on GeorgiaPacking.org[/url] or
burglary see [url=http://law.justia.com/codes/georgia/2010/title-16/chapter-7/article-1/16-7-1/]§ 16-7-1 - Burglary :: 2010 Georgia Code :: US Codes and Statutes :: US Law :: Justia[/url]

And FYI not ALL POOR PEOPLE who squat in residences are bad people, therefore JUDGE NOT lest you be judged in such cases you bunch of hypocrites. In cases where they break in and sell drugs, fine, they don't belong there, but again that is burglary (entering into a buliding with the intent to commit a theft or FELONY within) and traffiking. Crimes fine, but NEEDING a roof over your head is NOT a crime.

ALSO FYI, in the case of foreclosed houses the bank DOES NOT OWN the LEGAL TITLE to the property because the bank after you obtain you mortgage sells the debt of the mortgage in slices to companies that buy debt. Therefore the bank CANNOT PROVE legal chain of title in court.

SO. . .


DO SOME RESEARCH BEFORE YOU FRAUDULENTLY ANSWER SOMEONES QUESTIONS NEXT TIME.

[AnsleyPark]

Let me guess - a first year law school student who thinks they know everything about everything and whose ego knows no boundaries.

[sassyshi]

Actually there is squatters rights, in GA, FL, and in MI.. among other states. If they are peaceful and have actually improved the land or residence, why bother them? Are those neighbors bothering you? NO.. I really didnt think so. But they do have rights, and with a lease, LEGALLY, they have 90 days to vacate the residence. It is NO LONGER a criminal case, it because civil, which can take up to years to resolve.. ADVERSE POSSESSION is the name of the game.