Saturday, March 30, 2013

Florida's Adverse Possesion Law - WORLD Law Direct Forums

Quote:

A man I know died, with no will and left a house vacant that still has money owed on it. We would like to buy the house and the family gave us the keys to manage the property, but the bank can't do anything till it goes into foreclosure. How would Florida's Adverse Possession Law effect me, if I moved in since I have me the keys and the garage door opener, and permission to be in the house? Is there any kind of legal actions that can be taken towards me if I move into the house and take over the payments?

Unless you meet the statutory requirements for possession for the prescribed period of time, you will not be able to sustain a claim for title by adverse possession.

Some slick operators in Florida are moving into vacant homes in some stage of foreclosure claiming they are holding by "adverse possession." And are getting evicted by the sheriff. Police agencies are getting apprised and vigilant on these squatters and evicting, forcefully, if necessary.

Regardless of the deceased owner, the mortgage company has rights to the house by virtue of its mortgage and the foreclosure process. When one gives a mortgage, they mortgage company actually owns the house, the buyer buying it subject to timely paying. By foreclosing, the mortgage company clears the buyer out of his equity and title.

Forget the 'adverse possession' claim for you will not be allowed to squat that long. Trespasser is what you will be called. And treated.

Source: http://www.worldlawdirect.com/forum/real-estate-law-matters/70532-floridas-adverse-possesion-law.html

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