# Living in foreclosed home **URL:** \ **Category:** In My Humble Opinion\ **Created:** [January 26, 2012, 3:21pm UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734 "2012-01-26T15:21:31Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![Sateryn76](https://avatars.discourse-cdn.com/v4/letter/s/a88e4f/32.png) [@Sateryn76](https://boards.straightdope.com/u/Sateryn76)\ **Post date:** [January 30, 2012, 9:23pm UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/41 "2012-01-30T21:23:56Z")
> [@Rhythmdvl](#): > > It’s kind of an obnoxious and extreme answer, but don’t forget about adverse possession. I believe in Nevada the time is pitifully short–five years. There are a host of other factors that get drummed into 1L’s heads, but the basic elements of actual possession, open, notorious, hostile, exclusive and continuous seem to easily be in place. I don’t know the OP’s jurisdiction or what would have triggered the timing, but in one way of phrasing it it’s been four years so far. If the new owner focuses on other properties for the moment and another year goes by without proceedings (and a lot of handwaving takes place, such as the OP having the funds to pay a lawyer, no license to remain being given, other elements being met, etc.), the legal title to the property could very transfer. > > But closer to the point you were responding to, in NYC it can generally take three to six months if everything is perfect. A firm I worked with had a few cases that lasted _years_ due to skilled procedural manoeuvring and special circumstances. Note that that kind of thing negates any adverse possession claim. In Indiana, you also have to have paid the property taxes for the period of adverse possession. ---
**Author:** ![Rhythmdvl](https://avatars.discourse-cdn.com/v4/letter/r/85f322/32.png) [@Rhythmdvl](https://boards.straightdope.com/u/Rhythmdvl)\ **Post date:** [January 30, 2012, 9:54pm UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/42 "2012-01-30T21:54:37Z")
I’ve seen a few states with that requirement. Getting way out of field, but any idea if the requirements are that the adverse possessor needed to have been paying all along or needs to pay up arrears in order to pursue the claim? I wouldn’t be surprised, but I find the former to be a bit off–it guts much of the statute. A lot of AP claims are for buildings or fences constructed on someone else’s property. If you don’t know for the _X_ years that you were on someone else’s property, how could you be on notice to have paid the taxes. Further, if you’re building encroaches ten feet onto someone else’s property, how were you to calculate the tax due? I can see an assessor reviewing and saying a lot size of _X+Y_ should have paid _Z_ over the past five years, but short of that …? ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [January 30, 2012, 10:07pm UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/43 "2012-01-30T22:07:07Z")
> [@Rhythmdvl](#): > > I’ve seen a few states with that requirement. Getting way out of field, but any idea if the requirements are that the adverse possessor needed to have been paying all along or needs to pay up arrears in order to pursue the claim? I wouldn’t be surprised, but I find the former to be a bit off–it guts much of the statute. A lot of AP claims are for buildings or fences constructed on someone else’s property. If you don’t know for the _X_ years that you were on someone else’s property, how could you be on notice to have paid the taxes. Further, if you’re building encroaches ten feet onto someone else’s property, how were you to calculate the tax due? I can see an assessor reviewing and saying a lot size of _X+Y_ should have paid _Z_ over the past five years, but short of that …? After looking for a bit the only thing I see about AP in my state has to do with easements and encroachments not living in a house rent free. And in New Jersey it has to be for 30 years before AP takes effect. ---
**Author:** ![GrandWino](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grandwino/32/67_2.png) [@GrandWino](https://boards.straightdope.com/u/GrandWino)\ **Post date:** [January 30, 2012, 10:30pm UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/44 "2012-01-30T22:30:09Z")
> [@Enderw24](#): > > There are two options I can recommend: > > 1. Build a time machine. Go back to the date where you got the first, second, or even third notice from the bank that your mortgage was due. Don’t ignore them. Or respond to the court summons. Or respond to the second court summons after your default judgment. Or respond to the repossession notice where you were given 30 or 60 days to negotiate with the bank before it got auctioned off. Or you could have talked with your lawyer friend who’s now advising you on squatter’s rights and who could have then advised you on negotiating with the bank. > > 2. Get in good with your local city politicians to see if anyone can assist you in your plight. Do you happen to know the mayor? This is hilarious… Can I buy you an ice cream cone? Do you like Vanilla? ---
**Author:** ![Enderw24](https://avatars.discourse-cdn.com/v4/letter/e/ba9def/32.png) [@Enderw24](https://boards.straightdope.com/u/Enderw24)\ **Post date:** [January 30, 2012, 10:44pm UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/45 "2012-01-30T22:44:00Z")
> [@Bob Ducca](#): > > This is hilarious… Can I buy you an ice cream cone? Do you like Vanilla? Why, it’s the finest of the flavors! ---
**Author:** ![GrandWino](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grandwino/32/67_2.png) [@GrandWino](https://boards.straightdope.com/u/GrandWino)\ **Post date:** [January 30, 2012, 10:45pm UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/46 "2012-01-30T22:45:49Z")
> [@Enderw24](#): > > Why, it’s the finest of the flavors! I appreciate the reference. ---
**Author:** ![Muffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muffin/32/4341_2.png) [@Muffin](https://boards.straightdope.com/u/Muffin)\ **Post date:** [January 30, 2012, 10:47pm UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/47 "2012-01-30T22:47:26Z")
It’s pretty rare for someone to live for an extended period in a home without paying rent and against the legal owner’s wishes, so one might wish to consider getting a job and renting a room, rather than squandering limited funds on a lawyer. ---
**Author:** ![psychonaut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/psychonaut/32/4655_2.png) [@psychonaut](https://boards.straightdope.com/u/psychonaut)\ **Post date:** [January 30, 2012, 11:07pm UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/48 "2012-01-30T23:07:56Z")
> [@Loach](#): > > Cite? Please show me where someone who has no legal standing to a residence is legally allowed to live somewhere indefinitely. Why do you presuppose that an established resident of a dwelling would have no legal standing? Are you using the term “legal standing” in some sense I’m not familiar with? > [@](#): > > I have heard of cases where someone was paying in good faith and the house was foreclosed on without their knowledge. Basically the owner was taking their money but not paying the mortgage. This is a case where the house is owned by an individual, not a bank. Find an instance in which someone not paying rent is allowed to stay in a private residence rent free. I don’t see why I should have to, since I never argued such a specific scenario. > [@](#): > > Or find a law in which someone is prohibited from being evicted for any reason. I didn’t mean that a resident could be immune from eviction for any reason whatsoever; when I said that they could stay indefinitely I meant that the change in ownership alone may not be sufficient grounds for any curtailment to the length of their tenancy. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [January 30, 2012, 11:21pm UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/49 "2012-01-30T23:21:05Z")
[quote=“psychonaut, post:48, topic:610734”] Why do you presuppose that an established resident of a dwelling would have no legal standing? Are you using the term “legal standing” in some sense I’m not familiar with?QUOTE] You are right they have legal standing. They are called “defendant”. > [@psychonaut](#): > > I don’t see why I should have to, since I never argued such a specific scenario. Then it wasn’t clear enough for me. I thought you were saying there are examples in which a nonpaying, non-lease holder is allowed by the court to stay in a residence for free and the owner has no recourse. The only example I could think of is when a renter is paying rent in good faith and the owner defaults on the mortgage. Depending on the jurisdiction the renter is sometimes allowed to stay at least until the terms of the lease are up. I was asking for you to give an example of what you were talking about. > [@psychonaut](#): > > I didn’t mean that a resident could be immune from eviction for any reason whatsoever; when I said that they could stay indefinitely I meant that the change in ownership alone may not be sufficient grounds for any curtailment to the length of their tenancy. Yes as in the example I cited above. Which has nothing to do with what the OP is doing. ---
**Author:** ![LurkerInNJ](https://avatars.discourse-cdn.com/v4/letter/l/ed655f/32.png) [@LurkerInNJ](https://boards.straightdope.com/u/LurkerInNJ)\ **Post date:** [January 30, 2012, 11:42pm UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/50 "2012-01-30T23:42:40Z")
> [@Muffin](#): > > It’s pretty rare for someone to live for an extended period in a home without paying rent and against the legal owner’s wishes, so one might wish to consider getting a job and renting a room, rather than squandering limited funds on a lawyer. But if she did that, no one would be able to argue like internet lawyers in this thread! ---
**Author:** ![IvoryTowerDenizen](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ivorytowerdenizen/32/17937_2.png) [@IvoryTowerDenizen](https://boards.straightdope.com/u/IvoryTowerDenizen)\ **Post date:** [January 31, 2012, 1:37am UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/52 "2012-01-31T01:37:31Z")
Well, this just got interesting. ---
**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\ **Post date:** [January 31, 2012, 1:39am UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/53 "2012-01-31T01:39:02Z")
> [@Bob Ducca](#): > > This is hilarious… Can I buy you an ice cream cone? Do you like Vanilla? Especially French vanilla – it’s made with eggs. ---
**Author:** ![expectopatronum](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/expectopatronum/32/173_2.png) [@expectopatronum](https://boards.straightdope.com/u/expectopatronum)\ **Post date:** [January 31, 2012, 1:49am UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/54 "2012-01-31T01:49:12Z")
good eggs, i hope. ---
**Author:** ![Rhythmdvl](https://avatars.discourse-cdn.com/v4/letter/r/85f322/32.png) [@Rhythmdvl](https://boards.straightdope.com/u/Rhythmdvl)\ **Post date:** [January 31, 2012, 2:35am UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/55 "2012-01-31T02:35:05Z")
Wait, what … huh? [Vanilla](http://boards.straightdope.com/sdmb/showthread.php?t=289026)? ---
**Author:** ![purplehorseshoe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/purplehorseshoe/32/2996_2.png) [@purplehorseshoe](https://boards.straightdope.com/u/purplehorseshoe)\ **Post date:** [January 31, 2012, 3:04am UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/56 "2012-01-31T03:04:54Z")
Thanks, **rhythmdvl** - some of us noobs need a little prompting now and again. ---
**Author:** ![Rhythmdvl](https://avatars.discourse-cdn.com/v4/letter/r/85f322/32.png) [@Rhythmdvl](https://boards.straightdope.com/u/Rhythmdvl)\ **Post date:** [January 31, 2012, 3:43am UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/57 "2012-01-31T03:43:06Z")
Note–I only linked to what I thought was in the air; I’m kind of clueless at the moment. Only the 2000 and 1989 dates of the OP were before Vanilla was banned. ---
**Author:** ![Idle\_Thoughts](https://avatars.discourse-cdn.com/v4/letter/i/838e76/32.png) [@Idle\_Thoughts](https://boards.straightdope.com/u/Idle_Thoughts)\ **Post date:** [January 31, 2012, 4:41am UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/58 "2012-01-31T04:41:33Z")
Many of you have been here long enough to know the rules. Don’t make accusations of trolling or of being a sock in this forum. If you feel a post or posts need to be moderated or looked into, use the report feature and it will be looked into. Let’s stop the accusations (subtle or otherwise) of sockery in this thread and forum, meanwhile. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [January 31, 2012, 4:59pm UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/59 "2012-01-31T16:59:53Z")
Ok that puts a damper on things. Good game guys. Meet you at the pub after for a couple brews? ---
**Author:** ![BigBertha](https://avatars.discourse-cdn.com/v4/letter/b/d78d45/32.png) [@BigBertha](https://boards.straightdope.com/u/BigBertha)\ **Post date:** [January 31, 2012, 5:00pm UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/60 "2012-01-31T17:00:57Z")
He has asked for a certain amount, knowing I am not rich, month to month for a few months. I hope to have it by Friday. If not, he will have to start eviction proceedings, which I do not want, I don’t want to cost him any money as we had been acquaintances before he bought it. Yes, I realize I am lucky to have been able to have lived here as long as I have. ---
**Author:** ![StGermain](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stgermain/32/2868_2.png) [@StGermain](https://boards.straightdope.com/u/StGermain)\ **Post date:** [January 31, 2012, 9:42pm UTC](https://boards.straightdope.com/t/living-in-foreclosed-home/610734/61 "2012-01-31T21:42:18Z")
> [@BigBertha](#): > > He has asked for a certain amount, knowing I am not rich, month to month for a few months. I hope to have it by Friday. If not, he will have to start eviction proceedings, which I do not want, I don’t want to cost him any money as we had been acquaintances before he bought it. Yes, I realize I am lucky to have been able to have lived here as long as I have. I don’t understand - you don’t want to cost him money by forcing eviction proceedings, but you’re not willing to leave? StG [Previous page](https://boards.straightdope.com/t/living-in-foreclosed-home/610734.md?page=2) [Next page](https://boards.straightdope.com/t/living-in-foreclosed-home/610734.md?page=4)