Legal Question in Real Estate Law in California
If I live in California, own a house but haven't paid my mortgage for over 5 years and no one has come and paid my property taxes to take over my house, couldn't I actually practice adverse possession of my own home, pay my own taxes and then I become the new owner??
2 Answers from Attorneys
No. Your possession of your own property isn't adverse. You might want to share with us, however, the secret of not paying your mortgage for five years without being foreclosed and evicted!
You can't adversely possess property against yourself, because you are the true owner and the note holder has not foreclosed. The note holder is not entitled to possession and title until they foreclose or the trustor (you) agree otherwise. Five (5) years is also not the statute of limitation for a lender to request a trustee to exercise the power of sale in a deed of trust. It is a much longer statute.
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