What am I missing in the way of adverse possession?
My aunts home was foreclosed on in recent years and i am planning on starting my way into receiving the title through adverse possession. Ive done a lot of research on the adverse possession requirements in california. Ive done some research on the house and now even know who owns it and looking further into the matter i am feeling more ready to stay put at all cost.
BOfA was handling the finances on the house and my aunt fell behind on the payments. well guess who owns the house now? Bank of New York Mellon. Yup, Wall st owns my house. Im not entirely sure how often the bank would be out to inspect the house if at all. I still have not had any notices posted and am taking better care of the house than my family was. One of my neighbors is a realtor and she like to see the neighbors she has stay put and not have empty beat down houses scattered around the block. She and i have spoken about appraising the house to hopefully lower the property tax seeing as the last appraisal was four years ago and the property has gone way down hill since. (she tried to help another woman in our neighborhood keep her house, that they later found out she was wrongfully forclosed on, but the woman had given up by then) I have a buddy who is a law student on her last year and she is willing to help me dig up whatever i can to legitimize my presence on the house and hopefully find out that the forclosure on this house was a part of the big issue with BOfA and Bank of New York a few years back where BOfA had been messing up on their forms, forgetting forms, and forging last minute forms while Bank of New York(the bank that bought my house) turned a blind eye knowing what was going on. The dates match up well enough and im hoping that my house was one of those mess ups.
If anyone has any information or helpful tips on the matter please share.
I know some people would find what im doing to be immoral but i find what the banks are doing to be immoral. Im Occupying this house!
if you want to tell me to walk a straight line, never do what "I" feel is "RIGHT", and have no faith in your fellow human to fight for the ones they love and keep the things theyve earned(yeah im talking to you Bill) then dont bother talking at all. Im looking for helpful tips not the most effective way to tuck my tail between my legs.
- LandlordLv 78 years agoFavorite Answer
The bank did nothing immoral. They gave your aunt money, she refused to repay it. I am amazed anyone at all thinks it is moral to steal money, and the victims of the theft are the immoral ones. That is bizarre. Even weirder that you think anyone "earned" the money they stole stole from the bank.
Weird morals aside, for adverse possession you need to live in the house for 20 years, with never once being told to move. The owner, which is BofA, MUST know that you are there. So, you need to make sure they know about your presense, the 20 year clock does not start ticking until they know about you.
But the impossible thing will be the property taxes. You have to pay them, but BofA will be doing that, in an escrow account, so that will not be possible for you to do.
You may be able to find a way to screw them over, but Adverse Possession is not it.
- BillLv 78 years ago
"YOU" have no standing in this matter, only your "Aunt" can try to save her home. The news media has blown the report of B of A's mishandling of loan papers way out of proportion and your chances of proving misrepresentation is less than 10% and will cost you more money than it is worth. Her home was foreclosed on because she failed to make her payments,not because the Bank made a mistake. Help your aunt find another place and get on with her life.