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The statute in question requires the squatter to possess the property for seven years openly and "hostilely," meaning without the possession of the record owner, before the squatter can obtain possession of the property. These squatters are trespassing and breaking the law, and I don't think there will be much difficulty in having them evicted, although there will be some legal fees that will be required that the squatters probably can't repay. I wouldn't necessarily walk away from the deal but I would require the bank to step up and get the squatters out and to provide any assurances that are necessary to obtain clear title to the property.
Anyone can go down and file anything on any piece of property. The fact that it is recorded doesn't prove it's legally significant.
Just saw on another forum that a person in Florida was just arrested for trying this scam:
Man charged in foreclosure rental scam (http://www.myfoxtampabay.com/dpp/news/local/nature_coast/217-man-charged-in-foreclosure-rental-scam - broken link)
This guy ripped alot of people off. Seems the OP ran into this guy or someone else who is pulling the same scam. The Florida law I read that deals with abandoned property and gives 90 days refers to tangible property not real property (there IS a difference).
Adverse possession of real estate is 7 years in FL. Plus the squatters need to pay the property taxes for those 7 years. You cannot adversely possess a home in 90 days.
Disclaimer-I am not a lawyer. I looked up the statute and this is my interpretation of it.
Adverse possession of real estate is 7 years in FL. Plus the squatters need to pay the property taxes for those 7 years. You cannot adversely possess a home in 90 days.
Disclaimer-I am not a lawyer. I looked up the statute and this is my interpretation of it.
Well, you should become a lawyer because that is the exact interpretation our lawyer gave us.
Adverse possession of real estate is 7 years in FL. Plus the squatters need to pay the property taxes for those 7 years. You cannot adversely possess a home in 90 days.
Disclaimer-I am not a lawyer. I looked up the statute and this is my interpretation of it.
Yes, on real property that is the case. There is another statute (Florida Real and Personal Property Code 705.1 to 705.4) that deals with abondoned or lost tangible property (things like clothing, computers, wallets, etc.) that has a 90-day requirement. My thoughts were that these guys were trying to pull a con off by trying to use the incorrect statute based on what the OP wrote about them saying 90 days. It won't work, but some folks who don't know better might believe it long enough to delay any action.
So are you still trying to buy this house or are you moving on because of the headache?
We have our cancellation notice in hand and will probably sign it next week.
We are going to do everything we can to put these people in jail.
The bank has offered us exclusive rights to the property once it is vacated and the title cleared. We are going to wait a month and reassess the situation.
My family and I are emotionally drained from this and we need a break from all this real estate craziness.
Because in Florida it is considered a 'civil' matter and has to go through the courts. Once the court gives an order, that is when the Sheriffs/police kick in.
They can't just arrest them. It's a civil matter that has to go through the courts. One person filed fraudulent papers with the clerks office. The other is yelling 'fraud, fraud'. The police are not there to settle that dispute. The court is. And...they (police) nor we know at this point who actually is in the house...the people that did the scam or people that are VICTIMS of the scam. I would venture to guess it's the latter and they've been bilked out of money. The courts will handle it, then the police kick in.
Not to argue the point but the 'victim renters' if there are any, actually can be victims of the scam and lost money...security deposit, moving costs (twice), etc. If they were in a situation of a lease/purchase they could lose escrow in addition. Until the whole situation is cleared up, no one really knows who is in the house, what their situation is. I just was pointing out that often times these people who perpetrate the scam aren't living there themselves..they rent it out (collecting security deposits and rent) or lease/purchase (collecting escrow and rent).
I have not had such a situation, but I have had a couple of my rental listings 'stolen' off of craig's list and advertised at a lower rent than I'm actually renting for. They try and rent the place out to unsuspecting victims who give a security deposit, sign a lease and have no right to be in the house.
Luckily, I was alerted twice to such advertisements and reported them to the sheriff and FBI.
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