Legal Question in Real Estate Law in California

Re: squatters rights

I would have to second Attorney Whipple's comments. You are out until such time as you can prove to a Court that you should be reinstated. Moving back in will subject you to possible arrest for trespassing. Without a court order restoring you to possession of the property, the Sherrif will remove you as soon as the lender discovers you are back in the property without further court proceeding. Squatters rights don't apply here. Get a really good attorney, and seek to have the foreclosure set aside if grounds exist. You should have done this before you lost the home, as your case would have been much easier to handle at that point. Good luck - you will certainly need it to prevail here.

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Re: squatters rights

The change of title may be set aside if illegal. We would have to review any paperwork you might have with respect to the 2nd loan. Did they forge your signature?

Re: squatters rights

Saying something is 'fraudulent' and 'illegal' doesn't make that true or proven. If evicted, there were various proceedings and hearings where you had a right to present your evidence and contest their claims. If you didn't do so, more's the pity. The 2nd lender presented their evidence at those proceedings and hearings. You may have a right to sue or 'appeal', but that is tough and expensive.

Instead, if you are claiming you had no prior notice of the problem until someone came and locked you out, then you may have a right to file in court a lawsuit and a motion to try to set aside the default you claim. There are time limits on that too.

There is no such thing as squatters "rights". Trespassers can be arrested.

If this is in SoCal, and you are serious about hiring counsel for valid legal action, feel free to contact me.

Re: squatters rights

When you own the property, you're not a squatter, so so-called "squatter's rights" have nothing to do with your situation.

You've probably heard in the realm of criminal law that the suspect is presumed innocent until proven guilty. Much the same is true with respect to civil disputes as well - a deed is presumed valid, an instrument is presumed not fraudulent, and record title is presumed good until shown otherwise.

The way to restore yourself to ownership "of record" and to lawful possession should be by showing to a judge or jury that the second loan (second note and/or the second deed of trust) is/are indeed fraudulent as you claim, and that therefore the foreclosure should be set aside.

I hope you have a very good lawyer drafting your complaint and preparing to take this case to trial. Proof of fraud sufficiently serious to invalidate a note, deed of trust and foreclosure is not child's play.