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Old 12-29-2014, 02:54 PM
 
3 posts, read 11,464 times
Reputation: 17

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Question#
1.)Does anyone know the procedure for the removal of squatters and where would I find information on it?
2.)Is it the banks responsibility when they foreclose on a house to remove squatters from the house before selling it.
3.)And where would i find information on squatters right in Hawaii.

Thank you
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Old 12-29-2014, 03:20 PM
 
Location: Kahala
12,120 posts, read 17,732,662 times
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If you are the legal owner of property - call the police. It is trespassing. If they've taken something on the property - then burglary comes into the picture.

True squatting - just moving into abandoned property - doesn't come with any rights in Hawaii.

You can't make an adverse claim in Hawaii unless you "squatted" for at least 20 years.
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Old 12-29-2014, 03:35 PM
 
Location: Puna, Hawaii
4,365 posts, read 4,784,712 times
Reputation: 7888
As far as I know the squatter's rights only apply if they have been paying taxes on the property, which not surprisingly, most squatters fail to do.

Calling the police is the correct procedure. You can ask the squatters to voluntarily leave first, but I wouldn't risk your safety in this manner. They are already trespassing and stealing "rent" so you are dealing with criminals. The cops know that.

I don't think the banks have any responsibility. Foreclosed properties are sold "as is". If you stipulate in the purchase offer that the property must be free of people including squatters, then it is their problem, however the buyer still needs to make a due diligence check before closing.
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Old 12-29-2014, 03:49 PM
 
Location: mainland but born oahu
6,657 posts, read 7,699,748 times
Reputation: 3136
Quote:
Originally Posted by hawaii77 View Post
Question#
1.)Does anyone know the procedure for the removal of squatters and where would I find information on it?
2.)Is it the banks responsibility when they foreclose on a house to remove squatters from the house before selling it.
3.)And where would i find information on squatters right in Hawaii.

Thank you
Howzit?

Eh, Why you need procedure to deal with squatters? Why not you or a rep for you just go down to your property and talk to the squatters with aloha and compassion, you maybe surprised to find that you may find a solution that doesn't involve money for court time or stink from calling the police. Thou i agree its in your right to just call the police and thats not wrong per sa. But approaching first to try to solve the situation is the higher way and Aloha way of doing things in Hawai'i the last i remembered? But disregard what i say if you tried k?

Oh Aloha an Welcome to CDF Hawai'i.
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Old 12-29-2014, 06:12 PM
 
Location: Moku Nui, Hawaii
11,048 posts, read 23,865,015 times
Reputation: 10901
Letting the squatters know that the owners are coming back is a nicer way to get it dealt with than in calling for the police first, although that may not work in all situations. If they seem to be aggressive or unstable persons, then calling the police would probably be best.

If it is a foreclosed on house and they lost it to the bank, they may be quite bitter about losing it and may not want to move without a lot of bother. However, if it was foreclosed on years ago and they've had several years of "free rent", then they may be more amiable about leaving. It all depends on the particular situation and all situations are gonna be different.
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Old 12-31-2014, 05:43 PM
 
Location: Puna, Hawaii
4,365 posts, read 4,784,712 times
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" If they seem to be aggressive or unstable persons, then calling the police would probably be best."

Sometimes it is impossible to make this determination until you are already in danger. Call the police first, even if you intend to make first contact without them. For all you know they are already aware of this particular property and may have information about prior problems or even an ongoing investigation that you stumbling into could jeopardize. If they are truly squatting they are already breaking the law. Hopefully it's just trespassing and not drug production and sales. Truth is, you don't know.

Sorry if there is not as much Aloha in my answer as some of the others, but my boots are on the ground in Puna. Elsewhere, maybe it's rainbows, butterflies, and magical unicorns.

Last edited by terracore; 12-31-2014 at 05:56 PM..
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Old 12-31-2014, 06:16 PM
 
Location: Volcano
12,969 posts, read 28,266,288 times
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Quote:
Originally Posted by terracore View Post
Elsewhere, maybe it's rainbows, butterflies, and magical unicorns.
I don't think so. It seems to me your advice is right on. Call the police first, discuss it with an officer, find out if they know anything. Be prepared to prove you own the property. Then have the squatters cited for trespassing.
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Old 12-31-2014, 09:53 PM
 
Location: mainland but born oahu
6,657 posts, read 7,699,748 times
Reputation: 3136
Wow look at this, everyone wants to live like the mainland way in everyway, but no want to move back to da mainland. Its exactly what i said in past about cultural assimilationists rather then cultural pluralists. There was a time just not far back in Hawaii you could leave your door unlocked or let your kids play unattended. But of course this has nothing to do mainland ways why da things changed.

No one is suggesting not have common sense ok, If the squatters are wearing masks and carry large axes, yes skip aloha and call police.
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Old 01-01-2015, 03:32 AM
 
Location: mainland but born oahu
6,657 posts, read 7,699,748 times
Reputation: 3136
Maybe i should explain this, i keep hearing about keeping things real from alot of transplants etc but what is real? The logical, no joy, black and white mainland attitudes? Or is it the aloha and love of aina, people, cultural etc that is heard and seen in Hawaii culture such as its music real? That was here on the islands longer then the tourist trades.

The gorgeous spirit of hawaiian music, hula and slack key music is enough to convince me ithere is aloha spirit and a higher love too. If you don't believe me just DM me i will send you some examples of what im saykng. Truth is, i believe alot of people including myself have and do take living in hawaii for grantted. Often forgetting the blessings and small wonderful things. Anyway no stink intended and OP, didn't intend to hijack your thread. Good luck aloha
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Old 01-01-2015, 03:32 PM
 
Location: Volcano
12,969 posts, read 28,266,288 times
Reputation: 10755
Quote:
Originally Posted by hawaiian by heart View Post
There was a time just not far back in Hawaii you could leave your door unlocked or let your kids play unattended.
That was before the crystal meth epidemic in Puna.

If someone is breaking the law by squatting on your property, there's a good chance they are breaking other laws as well, and from experience it has become clear to many that it's best to have the professionals deal with it.
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