All Forum Posts by: Davido Davido

@Erik Satterthwaite this property would indeed be a headache for most people.  However, it is a stimulating challenge and profit opportunity for those who enjoy taking on problems.  If you don't mind a challenge, can see a path to profit, or just enjoy being a problem solver, go for it!  I do work regularly with RE attorneys but have learned to handle evictions myself. These are the exact type of situations I look for.  Best wishes

Yes. Communicate as directly as possible with the neighbors of your property.  It is right and smart.  Asking for help on fees also seems smart to me. However, I would be prepared to proceed no matter how they respond.  @James Sebastian your response is pretty well thought out already, my only recommendation is to include a personal invitation for them to contact you directly by phone, email, U.S.mail, or thru your attorney if they prefer.  Congratulations on sorting through your options and moving forward on one that is reasonably calculated to be most profitable. 

@Account Closed, Thank you for the thoughtful response. Fortunately, there was no confusion on my part. While it is certainly true that Real Property cannot be lost or mislaid. https://www.law.cornell.edu/we... That is because losing Real Property would be unintentional. Abandonment is different in that it is an intentional act. Property is not considered abandoned unless there are sufficient facts to establish to a reasonable person that the owner intended to give up his/her interest in (abandon) the property. Once it is established that the owner intended to give up their rights to the property, that owner no longer can be trespassed against.

In my State, Washington, this principle is written into our trespass law. https://app.leg.wa.gov/RCW/def... The Washington trespass statute specifies:

“In any prosecution under RCW 9A.52.070 and 9A.52.080, it is a defense that: (1) A building involved in an offense under RCW 9A.52.070 was abandoned; …”

The other links to Cornell University web pages that you provided about Real Property or Adverse Possession do not discuss nor even use the words abandon or abandoned. The Real Property page merely describes that there are significant differences between real property and personal property. The ability of an owner to abandon their property is not one of the differences. None of your linked pages provides support for your statement that real property cannot be abandoned. That statement is certainly erroneous in my state, and I’m willing to bet that it is also erroneous in every state of the U.S.

"You are confusing furniture with real estate. Personal property, shoes, clothing, furniture etc can be construed as abandoned.

However, "Real property may not be abandoned. See Adverse Possession." "

It was good of you to point out that the question of whether or not a property has been abandoned, may ultimately be determined in court by a trier of fact (Judge or Jury). Therefore, anyone attempting to control a property they do not own should be prepared to prove abandonment with considerable evidence. Certainly, a person using a vacant property needs more than just their assumption that real property is abandoned. Thank you for that additional info.

Probate is the normal path, but not the only one.  If the deal is attractive, the solution can be as simple as getting a quitclaim deed from the seller (granting you all her interest in the property, if any), and then renting it out for a couple of years until you can quiet title in your name, against all others, under the legal doctrine of adverse possession.   California has one of the shortest Adverse Possession periods (5years) in the country for those with "Color of Title".  You're already halfway there.  5 years after the spouse's death you could file a quiet title action asking the Court to grant you title to the property. 

 You would be wise to review the California Statute for Intestate Succession, and to consult with a title company to ensure that no other heirs have a right to the property.  

@Bruce Woodruff believe it or not, taking over abandoned property (a property in which the owner(s) has expressly or implicitly relinquished their interest) is quite legal in all 50 States. https://www.biggerpockets.com/...

@Galaxy Gavin, if the property is abandoned, (as defined by law) then there is no trespassing.  https://www.biggerpockets.com/...

However, @Account Closedis correct in regard to there being a wide multitude of potential charges.  In my experience, and I've had plenty, people tend to respond emotionally when a non-owner takes over an abandoned property.  This includes the professionals lie attorneys https://www.biggerpockets.com/...  and even law enforcement and judges who are generally expected to follow the law, and the facts, instead of their personal codes.   Checking out those two links might be informative for you.

Elena, the liens may be close to or even passed the Kentucky Statute of Limitations for debts (generally 10 years for written debts).   If it has been 10 to 15 years since payment was last made (5 yrs in some cases) then the debt is no longer enforceable -unless the lien is the result of a court-ordered judgment.  The date of last payment is worth checking. 

https://protectingconsumerrigh...

@Tracy Hewitt,  Here is a method of dealing with these properties.  Not for everyone, but it works for me. https://www.biggerpockets.com/... 

If you do contact an heir, you can offer the heir an amount in exchange for signing a quitclaim deed -which is a simple one-page deed granting all her interest in the property to you. Perhaps start with a small amount of cash and move up until you have their interest -or lose yours. With a Quitclaim deed from an heir to an unprobated property, you still have no title interest, but you do have all of the person's heirship and equitable interest. With the quitclaim deed, you would also have color of title -which can be helpful in paying the property taxes and for claiming adverse possession or for later quieting title.

Once you have the quitclaim deed as your claim on the property you could petition to put the property through probate. You should then be entitled to the portion of the estate due to the heir who quitclaimed their interest to you.

Alternatively, with color of title you can rent the property immediately, keep all the rent if none of the other heirs step up to probate the property. If another heir does make a claim, you could deduct the reasonable and necessary costs of renting the property (but not the costs of improvements). If there is sufficient equity in the property you would also be entitled to be reimbursed for any property taxes you pay. 

Be aware that renting out an unprobated property with only a quitclaim deed from an heir would require years before you could quiet title in your name under a claim of adverse possession. In my experience, heirs do not suddenly move for probate -unless another investor locates them and uses the superior claim of another heir in an attempt to get title to the property. It is other investors (professionals -often sharks), who would be my concern in a deal like this.

@Oscar Miguel"Is there a way for me to buy the house and start the eviction process"

Yes.  Sort of.  You could offer the cooperative siblings an amount in exchange for her signing a quitclaim deed -which is a simple one-page deed granting all of their interest in the property to you. Perhaps start with a small amount of cash and move up until you have her interest -or lose yours. With a Quitclaim deed, you still have no title interest, but you are purchasing the sibling(s) heirship and equitable interest. With the quitclaim deed, you would also have color of title -which can be helpful in paying the property taxes and for claiming adverse possession or for later quieting title.

Once you have the quitclaim deed as your claim on the property you could continue to put the property through probate. You should then be entitled to the portion of the estate due to the siblings whose interest you've acquired.

Alternatively, once you record the quitclaim deed you can evict the squatter and rent the property immediately.  If the other heir fails to step up to probate the property, you may be able to keep all the rent  If the other heir does petition to probate, you could deduct the reasonable and necessary costs of the eviction and of renting the property (but not the costs of improvements). If there is sufficient equity in the property you would also be entitled to be reimbursed for any property taxes you pay. 

Be aware that if you rent out an unprobated property with only a quitclaim deed from an heir, it may take years before you could quiet title in your name under a claim of adverse possession. In my experience, heirs do not suddenly move for probate -unless another investor locates them and uses the superior claim of another heir in an attempt to get title to the property. It is other investors (professionals -often sharks), who would be my concern in a deal like this.

@Arcinio Arauz, you could offer the sister an amount in exchange for her signing a quitclaim deed -which is a simple one-page deed granting all her interest in the property to you.  Perhaps start with $100 cash and move up until you have her interest -or lose yours.  With a Quitclaim deed, you still have no title interest, but you do have all of the sister's heirship and equitable interest.  With the quitclaim deed, you would also have color of title -which can be helpful in paying the property taxes and for claiming adverse possession or for later quieting title.  

Once you have the quitclaim deed as your claim on the property you could petition to put the property through probate.  You should then be entitled to the portion of the estate due to the sister.  

Alternatively, with color of title you can rent the property immediately, keep all the rent if none of the other heirs step up to probate the property.  If another heir does make a claim, you could deduct the reasonable and necessary costs of renting the property (but not the costs of improvements).  If there is sufficient equity in the property you would also be entitled to be reimbursed for any property taxes you pay.   Renting out an unprobated property with only a quitclaim deed from an heir would require years before you could quiet title in your name under a claim of adverse possession.  In my experience, heirs do not suddenly move for probate -unless another investor locates them and uses the superior claim of another heir in an attempt to get title to the property.  It is other investors (professionals -often sharks), who would be my concern in a deal like this.