Legal Question in Real Estate Law in California
5 1/2 years ago I was forclosed upon by my bank. They wouldn't let me short sale and I had to declare bankruptcy. They have possesion of the title I have no ties to the title any longer. The bank has let me live in the house for free all these years but now want me to vacate. Can I adverse possess the home and take title?
2 Answers from Attorneys
If the bank let you live there, it was not adverse possession.
Mr. Roach is correct provided the bank really gave you permission to remain in possession, either expressly or tacitly. So, that alone would present a major obstacle to establishing adverse possession. However, an even greater obstacle might be payment of the property taxes. The bank's ownership could not be undermined by your possession if the bank paid the property taxes during the five years, or for some of them.
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