Legal Question in Real Estate Law in California

ok..so my father passed june 30.2009.. he left no will or nothing.. currently my house is in forclosure & is set to be auctioned 4/20/2009.. i have lived in my fathers house my entire life 33 yrs.. what are some things i can do? what are my squatter rights


Asked on 4/19/11, 1:45 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Squatter's rights is a term used by lay people to refer to the doctrine of adverse possession. The fact that you lived in your father's house all your life does not give rise to a claim of adverse possession. Although you may have lived there almost two (2) years since he died, you would have to prove that you paid taxes for a continuous five (5) year period, along with open, notorious and hostile occupation. I doubt your living there was hostile to your father's interest.

Your only hope is to probate and obtain financing to pay off the foreclosing lender.

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Answered on 4/19/11, 2:24 pm
JAMES POWELL 909-890-0105 LAW OFFICE OF JAMES M. POWELL

You need to try to postpone the sale and probate the estate of your deceased father. You do not have any squatter's rights. You should immediatley seek legal advice to prevent the foreclosure of your father's house.

James M. Powell

Law Office of James M. Powell

1894 Commercenter Dr. W. Ste. 108

San Bernardino, CA 92408

909-890-0105

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Answered on 4/19/11, 2:41 pm


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