Squattin' in Littleton

What a drag... I've been looking at properties in the greater metro area for the past month or so...have not found one yet I can pick-up for 5-grand!

Colo. Family Tries to Regain Home From Occupiers

By SUSANNA KIM | Good Morning America

"...in for a surprise when she learned two strangers had been living in her Littleton, Colo., home for eight months. They still haven't moved out despite a judge's ruling they had to be out by the weekend.

On Thursday, a judge in Arapahoe County ruled that Veronica Fernandez-Beleta and Jose Rafael Leyva-Caraveo, the two people who were living in the home, had to move out by Saturday morning. But as of Monday evening, Donovan, 43, said the two were still there.
Her husband, Troy, 45, filed for a forced eviction with the Arapahoe County Sheriff's office on Monday morning, and the actual eviction could take place anywhere from two to four weeks from the date of filing.

...the two occupiers showed paperwork from the Arapahoe County Clerk and Recorder with an affidavit of "adverse possession," their names and the Donovan's address written on it. The two said they bought the home from a real estate agent for $5,000."

You need to find this particular "agent!" Im sure he/she can find you an "abandoned" home that you can just move into. I wonder how it is that the squatters can afford an attorney but the owners of the house cant.

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That does not make any sense "they cant arrest them as they did not catch them breaking in."

If thieves steal your car and they are found in/or out of the car they are arrested for theft/stolen vehicle.

Just cause a house cant move (well unless you have a trailer home, insert trailer park joke HERE) and the people are inside why not be arrested?

Something does not make sense, how did they get the keys to the place?????

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Originally Posted by HBARleatherneck

we are waiting on closing on our new house, because of squatters.

the house was built in 2006, it sat empty for two years being shown, but never sold. in 2008 this family moved in under the guise of, they will rent to own and have a mortgage in a year. They never paid, after the first few months. They would go to the courts each time and tell a sob story. The owner finally won a judgement for almost $20,000 April, 2011. They never moved out. He lost the house to foreclosure in November 2011. They still never moved out. The new company listed the house for sale in May, they still have not moved out. We are suppose to close this week, they still have not moved out. The company who owns the house is so afraid of them, they wont have them evicted. Yesterday, the realtor called us, the family told her they want to rent the house back from us. WTF. I couldnt believe anyone would have balls that big.
This family used to go around on our street with Christian tracts witnessing to people. Fortunately, I have a gate.

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I hope this works out for you ..............

How did you look at the home before you bought it? I assume you met them and they were aware you were buying the home????

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Originally Posted by HBARleatherneck

they have a dozen dogs, at least a dozen cats (house smelled so bad of piss). But, the house is soooo nice. We can kilz everything, clean, run an ozone generator, etc. It will be worth it. But, I am getting an ulcer dealing with it. I dont think they know who won the bidding. There were several offers the first day.

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that can soak into the walls and floorboards and require the house to be gutted to get rid of it and if you don't it can make people extremely sick.

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This makes me so angry I can't come up with words to describe it.

I've lost all faith in this country where we allow shit like this to happen. They should forceable evict them themselves, then when charge with assault or what ever bullshit, sue the squatter for mental distress.

I guess a good lawyer would be the only way to go.

Going all vigilante justice on their asses sounds cool, but would not end well for the person doing so.

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Originally Posted by Skully

That does not make any sense "they cant arrest them as they did not catch them breaking in."

If thieves steal your car and they are found in/or out of the car they are arrested for theft/stolen vehicle.

Just cause a house cant move (well unless you have a trailer home, insert trailer park joke HERE) and the people are inside why not be arrested?

Something does not make sense, how did they get the keys to the place?????

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This is becoming more and more common, unfortunately. I know a couple of detectives who are busy handling similar cases.

The issue for law enforcement is, the "squatters" may also be victims of a crime, if someone is holding the residence out as available and they enter into a bogus agreement to rent or rent to own. As such, when L.E. goes to the door and they are handed some legal forms by the squatters, most patrol officers aren't knowledgable enough when it comes to real estate documents (other than their own house purchases), rental agreenments, quick claim deeds, etc. and it appears as though the squatters may have a legitimate argument to the property as well.

There have been a number of Craigslist scams in which people believe they are renting a house only to find out later it is of a similar type situation.

There are some though, that have enough knowledge of the court system that they can squat in a residence for a large period of time for free. Douglas County Investigators had a recent case of a extended family of squatters living in several homes in the Castle Rock area and it took a long time and process to get them out and some charged criminally.

The house usually is broken into by means of a easily replaceable or unlocked window, doggy door, or through the use of a mechanical garage door slim jim and once inside, the door locks are replaced.

I wonder if the squatters are illegals. Their hyphenated last names and the fact that the man doesn't speak English make me think so.

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Originally Posted by cebeu

What a drag... I've been looking at properties in the greater metro area for the past month or so...have not found one yet I can pick-up for 5-grand!

Colo. Family Tries to Regain Home From Occupiers

By SUSANNA KIM | Good Morning America

"...in for a surprise when she learned two strangers had been living in her Littleton, Colo., home for eight months. They still haven't moved out despite a judge's ruling they had to be out by the weekend.

On Thursday, a judge in Arapahoe County ruled that Veronica Fernandez-Beleta and Jose Rafael Leyva-Caraveo, the two people who were living in the home, had to move out by Saturday morning. But as of Monday evening, Donovan, 43, said the two were still there.
Her husband, Troy, 45, filed for a forced eviction with the Arapahoe County Sheriff's office on Monday morning, and the actual eviction could take place anywhere from two to four weeks from the date of filing.

...the two occupiers showed paperwork from the Arapahoe County Clerk and Recorder with an affidavit of "adverse possession," their names and the Donovan's address written on it. The two said they bought the home from a real estate agent for $5,000."

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If I came home to an unauthorized person in my home waving some papers at me, they had better hope those papers are bullet proof, because I'm shooting right through them. Home invasion. Frankly don't care what loophole of the law they think will save them. I'll fight it later.

I'd like to show up on their doorstep and tell them "this is legally my house now, you have to leave, NOW. Then enjoy some target practice in the back yard while they packed. No threats, no yelling, just enjoying my new yard...


Not vigilante.

Is it illegal to pop smoke in your own house? How about walking in with a case of bug bombs and setting them off. Dawn Israeli mil-surp gas mask and change locks.

Along these lines, I cannot fathom why you can't just walk in and start throwing their shit in the yard? It's YOUR house and they have NO claim to it.

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Originally Posted by 00tec

Is it illegal to pop smoke in your own house? How about walking in with a case of bug bombs and setting them off. Dawn Israeli mil-surp gas mask and change locks.

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I Love the way you think! Where can I cet some CS grenades? On second thought... It would suck to live in a house with that CS powder crap all over the place.

Sorry about squatters/bums or whatever you call them.

I'd be cautious with ozone generators. They might have a place in a bare bones house but they can cause real problems with household items like carpets.

My nutso first wife was into that crap and had it massively done to my house while I was on a business trip. When I walked in after I almost passed out. I rented a room and took our son and investigated into how to clean it up. I found a researcher at Bell Labs who specialized in ozone mitigation. Sometimes industrial equipment put out a lot and it has bad effects on lots of synthetics. It can break them down into nasty stuff.

Ozone, in concentration, is like a slow motion fire. people caught in a fire often aren't overcome by fire or lack of oxygen. it's the poisonous fumes from the burning stuff. I fixed up the house, minus wife, but I had to junk most of the carpets, drapes and do a lot of work.

Steve

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Didn't read the whole thread so my apologies if this has already been mentioned.

A few months back I read an article about how false real estate agents, etc. we're finding unoccupied properties and "selling" the properties to dumba$$ buyers for well below the market rates - prices that the buyers didn't need to go through the usual lender requirements to "purchase".

It amazes me just how many people still haven't figured out that if something seems too good to be true, it isn't true!

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Originally Posted by Goodburbon

I'd like to show up on their doorstep and tell them "this is legally my house now, you have to leave, NOW. Then enjoy some target practice in the back yard while they packed. No threats, no yelling, just enjoying my new yard...


Not vigilante.

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All of this is my opinion only. I am not a lawyer I am not offering legal advice.

#1 he hasnt closed he has no deed or legal right to the property other than his agreement with the sellers
#2 what you are describing is trespass and felony menacing IMHO
#3 until legally evicted by the sheriff the residents on that property have the same rights you do to defend your safety on your property. These rights have nothing to do with who holds the deed only residency.


Obviously he wants the house but its not his problem unless hes crazy enough to close with them in it. The deed may have problems as many do nowadays which may be why they have not been evicted. Many deeds were sold so many times without the person holding the mortgage knowledge in the past decade that significant problems have been created in establishing who owns the deed.
Some are finding that when they finally pay off their property the deed has become hopelessly fubar, its no longer clear who sold the deed to whom when and where. Sure some guy gives title insurance maybe,,, and if the title insurance company goes under... Squatters are taking advantage of the mess. The other side of the coin is a lot of hard working people who have been paying their mortgage for years have been screwed. The solution in hindsight is to not have the lendor be able to sell the mortgage without the lendee's permission. The damage is already done however, its a huge mess. Im just guessing but its wierd that they havnt been evicted yet. If and when they get evicted I would certainly have a lawyer unconnected with the sellers of the property (not title insurance dude in their pocket) look at that deed which is not a bad idea nowadays regardless. My two cents for what its worth.

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Originally Posted by HBARleatherneck

as soon as we close, i will rip out the carpets, they are nasty. this will be an empty house for days. hotels use them all the time, with the beds, bedding and carpet.

i wonder how your house was overdosed.

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A non traditional way is to call Colorado Child protective service if they have children or code enforcement if you are within a municipality. Typically, I have better results through them and trying to evict them myself. Sure I had to pay a 'fine' or two for being a 'bad' landlord.. but at least the authorities always kick them out for their own good.

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It all started last August when the Donovans moved to Indiana with their two children. Both were unemployed at the time and two months behind on their mortgage payments.

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Ah, the plot thickens a tad....They moved out of state. They'd quit paying the mortgage.

News flash: when you quit paying the bills and don't own that property outright, your claim to that structure diminishes DRASTICALLY regardless of how much you might have liked the apple tree in the backyard.

Deadbeats getting the media to pump a story that isn't quite what the headline screams...

Well, one lesson here is that when you set up a lease option, that you make sure that you word your contract carefully so that the person doing the rent-to-own option is not actually building any equity in the home as they make their payments. This gives them a stake in the home and makes it impossible for you to evict them when they stop making their payments. Then, when you can't make the payments, YOU get foreclosed on. This is exactly what HBARleatherneck is describing.

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Originally Posted by xring

All of this is my opinion only. I am not a lawyer I am not offering legal advice.

#1 he hasnt closed he has no deed or legal right to the property other than his agreement with the sellers
#2 what you are describing is trespass and felony menacing IMHO
#3 until legally evicted by the sheriff the residents on that property have the same rights you do to defend your safety on your property. These rights have nothing to do with who holds the deed only residency.


Obviously he wants the house but its not his problem unless hes crazy enough to close with them in it. The deed may have problems as many do nowadays which may be why they have not been evicted. Many deeds were sold so many times without the person holding the mortgage knowledge in the past decade that significant problems have been created in establishing who owns the deed.
Some are finding that when they finally pay off their property the deed has become hopelessly fubar, its no longer clear who sold the deed to whom when and where. Sure some guy gives title insurance maybe,,, and if the title insurance company goes under... Squatters are taking advantage of the mess. The other side of the coin is a lot of hard working people who have been paying their mortgage for years have been screwed. The solution in hindsight is to not have the lendor be able to sell the mortgage without the lendee's permission. The damage is already done however, its a huge mess. Im just guessing but its wierd that they havnt been evicted yet. If and when they get evicted I would certainly have a lawyer unconnected with the sellers of the property (not title insurance dude in their pocket) look at that deed which is not a bad idea nowadays regardless. My two cents for what its worth.

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Un be lieve able.



You buy property and you have less right to it than people who are in effect stealing it..

You know what, since the law seems to be on the thieves side, cancel your contract to buy, wipe your hands of it, it's not worth the headache to be treated like a criminal for rightfully claiming your property.

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Originally Posted by Goodburbon

Un be lieve able.



You buy property and you have less right to it than people who are in effect stealing it..

You know what, since the law seems to be on the thieves side, cancel your contract to buy, wipe your hands of it, it's not worth the headache to be treated like a criminal for rightfully claiming your property.

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They didn't own it and they don't own it. They quit making payments and expect the media to vindicate them. IF, they get up to date with their mortgage, they MIGHT have some gravity but that doesn't seem to be the case, they simply want to make folk believe that because they once made a payment, they forever own the property and that isn't how things work. Tough titties folks!

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Originally Posted by Goodburbon

Un be lieve able.



You buy property and you have less right to it than people who are in effect stealing it..

You know what, since the law seems to be on the thieves side, cancel your contract to buy, wipe your hands of it, it's not worth the headache to be treated like a criminal for rightfully claiming your property.

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He has not closed he has not bought anything.

We have not heard both sides of the story we have no idea what legal claim the residents have to the property. Thats what the courts are for.

There is nothing wrong with rightfully claiming your property, it is a fairly straightforward process in Colorado and yes it can take some time and be painful, three months or so in my experience before the Sheriff evicts them. Somthing smells funny with the amount of time this has taken and its not just the cat pee. It may be that the financial institution that got stuck with this is not ready to bring the loss onto their books right now. Until it is sold its still on the books as an asset for its original price with mark to market suspended.

I have been a landlord and I have experienced financial loss associated with deadbeat tenants. It is frustrating. I balance that with my strong belief that people have a right to be safe in their homes. Should renters not have the right to be safe in there homes? Should the guy that has 5% equity not have the right to be safe in his home? How about the guy thats underwater on his mortgage?

This is business not a life threatening situation where firearms are justified. The delinquent tenants are characteristics of the property just like the cat pee to be evaluated and used as bargaining chips. He hasnt even suffered a loss on this as he doesnt own the property or have any equity in it. So he doesnt close , maybe its a blessing in discuise. Or maybe somone has seen his eagerness and is trying to stick him with eviction costs. There is no way I would close on this deal without the property vacant... Well maybe for 100k off[Tooth]

It is not my intent to annoy or to be a troll. As stated I do have a strong belief in the right of people to be safe in their home a belief I thought would be shared on a firearms board. In my opinion the balance between property rights and the right of individuals and familys to be safe in their home strongly dictates that situations like this be solved through the use of the courts and legal eviction.

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Originally Posted by HBARleatherneck

they are packing as we speak. they filled one roll off dumpster. the realtor was just there. she says, it will probably take 4 roll offs total, to clean up their junk. and probably 2 semis to haul their VALUABLE junk. but, they are leaving. my closing was this week, but now its not for anther 10 days. they will hopefully be out by then. this house is definitely worth the wait, and headaches.

i do not own this property yet, its not my business...yet. i would never close with them in there. they have no lease, they have no rental agreement that is valid. the courts just sided with them, since they had two high school students in the school here, I guess. or the lady told some more lies. But they made the owner/builder lose the property to foreclosure. I talked to the owner/builder, they signed a basic rental agreement in 2006 for 1 year. Nothing about accruing equity. They are bad people.

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Yay! you got your ozone generators? theres a company out of vegas that sells bare bones models that you use box fans with that give great bang for the buck.

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http://foreverozone.com/products/bar...generator.html
These bad boys will lay it down.
Like I mentioned you have to use a box fan to cool these. Two of these together will provide adequate PPM levels for all but the largest rooms.. Follow their directions for PPM. Protect your eyes and lungs at all times. Metals and soft rubber or plastics can get et from ozone. Rip out the carpet and start hitting them. Move from room to room and come back and hit them again after theyve had time to outgas. You might have to do it for a month but youll oxidise everthing. Ive had good luck not replacing the wood under the carpet but triple sealing it with returned paint at home depot prior to installing carpet. Do that after you do you ozone scrubs.

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Originally Posted by cebeu

...the two occupiers showed paperwork from the Arapahoe County Clerk and Recorder with an affidavit of "adverse possession," their names and the Donovan's address written on it. The two said they bought the home from a real estate agent for $5,000."

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Since there is no such thing as an "affidavit of adverse possession", it does sound like the squatters were scammed themselves.

Not that that changes anything with respect to the true owners.

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^^^ sorry you have to go through that..but at least its progressing.

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It always pays to be patient!

Good to hear your progress Hbar. Good luck with the new home and selling the old one. [Beer]