Squatter Claiming Adverse Possession in Puyallup

I’m just watching King 5 news tonight where they are covering a story about a home in Puyallup that is in process of being foreclosed.   Sadly, that’s not news.  What is news is that a mom and her kids have decided to move in claiming “adverse possession”.  

Adverse possession typically takes 7-10 years of someone using a property to claim as their own (very rough description–please speak to your attorney).   Clearly since she has only been occupying the property for days, she has no claim.   Here’s her side of the story:

“on the phone she said she is paying rent to a property management company that she works for and that they are trying to obtain the property under adverse possession. She says she feels they are actually helping the community by living in a house that was an abandoned eyesore and they feel they’re not doing anything wrong.”

What is she going to do when somebody legitimately buys the home and the appraiser comes by? Or when the title report discloses an erroneous claim to the title?

It appears as though the homeowner purchased the property in mid-2007, near the peak and financed his home with CTX Mortgage…from what I can tell from public records, it appears the home was 100% financed.  (Regardless, the squatter still has no claim of adverse possession, in my opinion simply due to the time requirement).

A Notice of Trustee Sale was recorded on May 29, 2009 to take place on August 28, 2009 in Tacoma.

As far as I can tell, there was no sale.   No new deed has been recorded (with exception to an attempt to establish a family trust).   

I’d like to find out more about the “rental company” the woman who is making the claim on the property says she is paying rent to for the home and is employed by.   

Facinating times.

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About Rhonda Porter

Rhonda Porter is an NMLS Licensed Mortgage Originator MLO121324 for homes located in Washington state. Her blog, The Mortgage Porter, is nationally recognized for sharing relevant information to consumers about mortgages. She has been originating mortgages since 2000 at Mortgage Master Service Corporation #40445 Consumer NMLS Website: http://www.nmlsconsumeraccess.org/TuringTestPage.aspx?ReturnUrl=/EntityDetails.aspx/COMPANY/40445 NMLS ID 40445. Equal Housing Opportunity. You can follow Rhonda on @mortgageporter, Facebook and/or Google+

12 thoughts on “Squatter Claiming Adverse Possession in Puyallup

  1. Pingback: Top 10 real estate posts of the day for 3.9/2010

  2. Heres where I place my bet. The “rental company” knew the family and they all hussled their way into the home.

    Think about it. If you had a REAL valid lease why would you RUN from your home and leave all your stuff including games and food. Everyone I know would stand at the doorstep.

    Usually a King 5 guy as well, I switched last night to Komo 4 due to a simply fascinating human interest story.

  3. You’re right, Rhonda, there is no claim of “adverse possession” here — although at the pace banks are moving these days…

    Also, I’d wager that the “rental company” falls within the definition of a “foreclosure rescue scam.”

  4. The lady claiming adverse possession, who had been in the home just since the weekend, looked mortified to be on the local news…and she should be.

    What the heck is she thinking? Umm… that she wouldn’t get caught.

    I’m surprised the name of the rental company hasn’t been revealed — it’s just too fishy that she’s employed by them and they set her up there. And if she’s rent and not the property taxes, I don’t believe that provides any claim either.

    It’s amazing what humans will do IF they think they can get away with it.

  5. That is one of the craziest stories I’ve heard in a long time 🙂

    The mom can’t actually, truly think she has a claim on the property. That’s insane. It’s a good try though! 🙂

  6. In one of the reports is said that the lady that moved into the house works for the rental company. Wow no surprise that this is a scam. I am happy the family noticed the people moving in and got the media involved. Sham on this person.

  7. about a hour ago two vans and a landscape vehicle pulled up to the house and about four to five me unloaded the house with contents belonging to the female who moved in. King 5 news is here and caught the whole footage. I feel sorry for Ashlei and Eric who lost their home and then to have to deal with people trying to take a home they cannot afford to live in. How do you claim something you want in less than the 7-10 requirement? “Nice try people. Nice try” Eric Bogue 🙂

    • I can only guess that the squatter msut have assumed the banks would be too overloaded with foreclosures to deal with her… but I’m sure they would have well before the seven year requirement is satisfied!

      It’s really odd how she’s renting it from her employer?? Is this what they do for business–find distressed homes and rent them (without rights to do so)?

  8. This is a perfect example of what is wrong with legalized land theft (aka adverse possession). People hear of it and think that they have a legal right to take land (or in this case a house) that they do not own. Most people would agree that taking something without paying for it is stealing. So many people think adverse possession is a legal loophole to getting land for nothing. It is time for adverse possession to end and go the way of other unnecessary laws as a footnote in legal history.

  9. Pingback: Fraud takes many forms with real estate « Title Search

  10. I respectfully disagree: If the lender set the contracts up irresponsibly and thereby clouded the title with erroneous paperwork and false claims and the Homeowner abandoned their home: How is it illegal or immoral to claim something that is not truly owned by bank that claims it, but we’re ok to let the lender fraudulently foreclose. At least the true owner of title would be able to come back before the expiration of the Statutory time period and re-claim their home. With a fraudulent foreclosure you MIGHT get 2K for your loss.

    Furthermore, adverse possession claim is complex: The claim is perfected at the expiration of the statutory time, but the claim before the expiration is not moot of void; the occupant must fight for the property as would the homeowner. That is the “Hostile” element of AP. AND ADVERSE POSSESSIONS are not free homes. Fees have to be paid, proper taxes must be paid, maintenance & upkeep of property and utilities. Sounds more like people are t’d off that they actually obtained and pay for a loan on their property. Good for you.

    I am not understanding the anger due to adverse possession in this matter. I could see if the fence line was the claim, or homeowner went on vacation and came back to occupied house. Seems like a viable solution to all of the homeless human beings that live in the streets, under bridges, lining up for shelters. I just wonder where our hearts are. With the banks or the people. Oh yeah, it’s all people isn’t it!

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