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Rent skimming is not applicable to adverse possession..

Posted by Ward-CA- on June 27, 2003 at 10:06 PM

In Reply to: may be violation of CC890 posted by Travis-CA on June 27, 2003 at 6:33 PM

: Kristine,

: here is a brief caption from Civil Code 890 entitled Rent Skimming:
: you may want to read the entire code that I have linked for you at the bottom.

:
: For purposes of this section, "rent skimming" also means
: receiving revenue from the rental of a parcel of residential real
: property where the person receiving that revenue, without the consent
: of the owner or owner's agent, asserted possession or ownership of
: the residential property, whether under a false claim of title, by
: trespass, or any other unauthorized means, rented the property to
: another, and collected rents from the other person for the rental of
: the property.

:
: Travis

-=-=-=-=-=-=-=-=-

Travis,

Rent skimming isn’t applicable to acquiring title to property via “legalized squatting” since, in most instances, there aren’t any mortgages or trust deeds, the property is usually free and clear.

But even if the property was encumbered and you didn’t make the monthly payments, the lenders would foreclose and the new owner-via-foreclosure would forceably evict you long before 5 years went by.

Hope this helps.


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