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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Adverse possession details... Posted by Ward-CA- on November 11, 2003 at 4:00 PM In Reply to: Obtaining Title via Squatting posted by James-CA on November 11, 2003 at 2:38 PM : Hi Ward, : Okay I have come to an awful lot of dead ends regarding a property that appears to be vacant (and has been for several months, perhaps longer). : My questions are: : 1. How do you obtain title via squatting? Is there a particular deed that should be used? What goes on there? : 2. What exactly do you explain to the bank that has a lien against the property in someone else's name? Is it as simple as stating I will be taking over the loan? : Your help, as always, is greatly appreciated. : James. =?=?=?=?=?=?=?=?=?=?= James, In CA the 1872 code of civil procedure requires the squatter, or their tenant, to occupy the abandoned premises for a minimum of 5 years and pay the property taxes for the same 5 years. Title is acquired and recorded at the end of the 5 years via a judicial decree from the judge who granted you title to the property, at the culmination of your quiet title action If there's a lien against the property check the recorder's records for a filing of a Notice of Default or a Notice of Trustee's Sale. That will tell you who the lender is and their trustee. If there aren't any such recorded notices then fill out and record a Request For Notice of Default (RFN). You will need to get a copy of the trust deed for all the info necessary to fill in the RFN. The customer service department in your title company will fax you the trust deed for free. Once you know the lender and the amount necessary to reinstate send them the funds via cashier's check and then keep send the monthly payment each month thereafter. Hope this helps. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : Hi Ward, : : Okay I have come to an awful lot of dead ends regarding a property that appears to be vacant (and has been for several months, perhaps longer). : : My questions are: : : 1. How do you obtain title via squatting? Is there a particular deed that should be used? What goes on there? : : 2. What exactly do you explain to the bank that has a lien against the property in someone else's name? Is it as simple as stating I will be taking over the loan? : : Your help, as always, is greatly appreciated. : : James. : =?=?=?=?=?=?=?=?=?=?= : James, : In CA the 1872 code of civil procedure requires the squatter, or their tenant, to occupy the abandoned premises for a minimum of 5 years and pay the property taxes for the same 5 years. : Title is acquired and recorded at the end of the 5 years via a judicial decree from the judge who granted you title to the property, at the culmination of your quiet title action : If there's a lien against the property check the recorder's records for a filing of a Notice of Default or a Notice of Trustee's Sale. That will tell you who the lender is and their trustee. If there aren't any such recorded notices then fill out and record a Request For Notice of Default (RFN). You will need to get a copy of the trust deed for all the info necessary to fill in the RFN. The customer service department in your title company will fax you the trust deed for free. : Once you know the lender and the amount necessary to reinstate send them the funds via cashier's check and then keep send the monthly payment each month thereafter. : Hope this helps. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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