Squatter Rights during eviction from home that has previously foreclosed and vacated (renters, mortgage)

[alexxiz]

I read about an investor executing "citizen arrest" on a person who refused to leave the foreclosed house.

[dtran103]

Hire a bounty hunter to kick them out.

[Cali BassMan]

A $500.00 donation to your local Hells Angel chapter ought to do it...

[Bulldogdad]

Originally Posted by Cali BassMan

A $500.00 donation to your local Hells Angel chapter ought to do it...

Less than that. A couple of cases of beer and a reason to crack a few skulls is enough.

[jack foster]

If you do not have the right to remain on the property (rental agreement, etc.) you are tresspassing. When evicted you have the right to take any PERSONAL property and animals with you. Such as sleeping bags, immediate clothing, animals, children, etc.
When evicting a person the sherriff must check for animals, and anything that could pose a threat to the owner and/or other citizens. Normally the evicted person is given permission to return and remove their possions such as furniture, etc. This done at the convience of the land owner or his/her agent. The term "thrown out on the street' is inflamatory and not correct. If the person being evicted cannot take all of their possions at the time, it can be left on the property untill later.

[alexxiz]

Originally Posted by jack foster

If you do not have the right to remain on the property (rental agreement, etc.) you are tresspassing. When evicted you have the right to take any PERSONAL property and animals with you. Such as sleeping bags, immediate clothing, animals, children, etc.
When evicting a person the sherriff must check for animals, and anything that could pose a threat to the owner and/or other citizens. Normally the evicted person is given permission to return and remove their possions such as furniture, etc. This done at the convience of the land owner or his/her agent. The term "thrown out on the street' is inflamatory and not correct. If the person being evicted cannot take all of their possions at the time, it can be left on the property untill later.

Exactly, I never heard of any "squatter rights" (other than in cases when adverse possession had been taken, and it takes like 20 years anyway). Eviction is eviction, one would think so? Once there's a court order, the sheriff will evict. Actually, evicting "do it yourself" (kicking out with force or hiring someone for that) is kind of dangerous in terms of legal implications, because the kicked out person may have grounds to sue.

[alexxiz]

Originally Posted by Saldana

We have squatters in our neighborhood, but the whole time we thought they were Section 8. We jumped through hoops to find this out. I clled Code Enforcement and I was told "If they have Utilies opened they legally estabilished residency. I cant believe this!!! I work hard and these ghetto thugs move into what was a 500K house moved in has destroyed it and they dont pay rent and now they actually live in this house with out being arrested for trespassing!!!!! Whats the point in anything any more. The thugs have more rights then us hard working citizens

Established residency for the police perhaps (can't be thrown out if you call the cops on them as trespassers, as they can show utility bills), but people still can be evicted via court action, as tenancy laws apply.
There're two kinds of "eviction"--first, when someone is simply trespassing and did not establish residency--then, police may remove them without a court order if they have a reason to believe there's no residency established (nothing on paper, no note, no rent receipt, no rental agreement, no utility bills, no mail). The second kind is via court order. If you try to remove someone without police present and/or without court order, they may actually obtain a restraining order against you, effectively banning you from the property.

[alexxiz]

Originally Posted by tooclose1

what if the owner serves an eviction notice, and then the squatter calls the health dept,then the health dept gives the owner a 10 day notice to fix the violations written? can we still evict even with the depts notice in affect?

I believe these are two completely separate matters, how can this affect the eviction of the squatter, possibly? If it was not a squatter, but a tenant under eviction, the same, their eviction would not be affected, but they could possibly sue for back rent later, citing health code violations...

There was a burglar who fell through the glass ceiling and hurt his leg and successfully sued the home owners for injury (!), though...one might wonder, if the next thing will be squatters taking the house and later suing for building safety violations...

[Spcbear1981]

Unfortunately squatters do have rights in CA. I have this exact problem happening right next door to me. the old landowner was in a terrible motorcycle accident and they lost their house. 2 months later the squatters moved in with a fake lease and the police could not do anything about it. since then they have destroyed the house, sold drugs, made drugs, and stolen from my back yard. I have been fighting this with the police department for the past year and a half, but have lost in every instance due to squatters rights. Here are a couple of links that include the penal codes covering squatters rights...

[URL="http://legal-dictionary.thefreedictionary.com/Squatter's+rights"][FONT=Calibri][SIZE=3]http://legal-dictionary.thefreedictionary.com/Squatter's+rights[/SIZE][/FONT][/URL]
[URL="http://www.ehow.com/list_6822316_squatter_s-rights-california.html"][FONT=Calibri][SIZE=3]http://www.ehow.com/list_6822316_squatter_s-rights-california.html[/SIZE][/FONT][/URL]
FYI - since they have stolen from my house and destroyed my fence I have installed video surveilance (so I can have proof it was them - the broken fence in between our yards was not enough) and I am practicing my right to open carry my firearms within the states laws. If you want to look into those rights because you are having the same issues, here is a link that may help

[url=http://californiaopencarry.org/faq.html]CaliforniaOpenCarry.org - FAQ[/url]
[url=http://www.opencarry.org/ca.html]OpenCarry.org - State Information For California[/url]

Open carriers are crime preventers IF practiced properly - only a criminal will conceal unlicensed. no one who wants to perform a crime openly carries into the situation.

[original!]

How about this one. I have been living in a house with my son that i previously was renting.Times got tough and i fell behind on payments.I called my landlord and explained my situation and he told me that the they had to let the house go and to stay in it as long as i like until someone (bank) kicked me out.well don,t get me wrong this has been a god send and im not complaining but recently i had herd news of squatters and possabilities. i have lived here for 5 years .Could i actually persue this property?