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I have an involved kind of complicated issue involving a ca.

Customer Question
I have an involved...

I have an involved kind of complicated issue involving a ca. HOA and adverse possession.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

California

Lawyer's Assistant: Has any paperwork been filed?

Tons but not in the usual way. like I said it complicated

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Lots since I believe knowing the back ground is critical to the issues

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
3/6/2018
Real Estate Lawyer: DamienJD, Lawyer replied 4 months ago
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,135
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney.

I understand the situation is complicated. If so, and you need to explain, try to limit it to the relevant facts and I can see if I can answer your questions.

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Customer reply replied 4 months ago
we live in a community with an HOA. we had lost our forever home thru fraud and were in a very desperate situation. one step in front of homelessness a man who owed us appox3500.00 said he had purchased a property and if we were willing to take over payment taxes HOA FEES he would take the 3500.00 he owed us as down payment and we could move in right away. we moved in he said he'd bring the papers over and then immediately left town. as it turns out he was getting info from one of the HOA employee on property's about to be taken for back dues and this property was one of them. in my research I found that the place was on the list to be sold for back taxes. I made payment arrangements with the tax collector and cured the default. it was the senior lien on the property. the HOA foreclosed or said they foreclosed after I had made arrangement to repay those taxes. as of today I've got 7 years current taxes paid. I attempted to pay HOA FEES they refuse to allow us to. the owner of record passed away 7-2011. the issues are this the HOA has taken us to court but haven't been able evict us. they have brought the cops to threaten us they lied to us and said the property is in probate when the estate has already been threw probate the son who inherited the property doesn't seem to want it doesn't care about it won't do anything one way or the other with the property. 2 weeks ago the sheriff's. county counsol.dog catcher and a couple of other agency's showed and said we had 2 weeks to get out or they would take all our personal items and crush them take our dogs to the pound and put us on the street. the day came and went and they never showed. so far we have satisfied all the things need to start and adverse possession claim. well be here 2 years sept. can you tell me what's stopping them from making good on their threats.
Customer reply replied 4 months ago
my phones about to die. if that happens what should I do
Real Estate Lawyer: DamienJD, Lawyer replied 4 months ago

A trespasser is entitled to legal ownership of the property if the occupation of the property is hostile, actual, open and notorious, exclusive and continuous for a period of years set by state statute. California requires the trespasser to have paid the local property taxes on the land. The time required, which varies from state to state. It can be as short as five years when the trespasser pays the property taxes.

So, you may have an adverse possession claim. Possibly, you can contact a local attorney to take your case.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 4 months ago
these are all things I already know what I'm trying to find out is is the fact that I have paid taxes stopping them from throwing us out. how do you find out if an estate has threw probate
Real Estate Lawyer: DamienJD, Lawyer replied 4 months ago

You would have to request from the court for a stay of the eviction or make a counterclaim for adverse possession if there already is an eviction proceeding. Or commence the adverse possession claim with a request for a restraining order. So, basically, a court order to stay the eviction pending a decision on the adverse possession claim appears to be an option.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 4 months ago
there is no eviction order in place. I believe they can't evict becuz the HOA doesn't own my lien is senior to there's I believe.
Real Estate Lawyer: DamienJD, Lawyer replied 4 months ago

Your other question was about probate. You would check with the county probate clerk to see if there has been a proceeding regarding the estate.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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