Legal Question in Real Estate Law in California

property within a foreclosed upon house

My brother works for a company that maintains foreclosed upon properties until they are sold. This includes the original ''trash out'' in which the house is emptied of all belongings left by previous owners/tenants. My brother has been told that he and other employees are free to take possession of property that would otherwise be taken to the dump. He was arrested last night for doing just that. He was charged with felony burglary and felony receipt of known stolen property. What are the legal issues involved here? (We live in Cailfornia.) Please let me know ASAP as I need to advise my brother on 12/20/07 @ 0900! Thanks!


Asked on 12/20/07, 7:30 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: property within a foreclosed upon house

1. If you brother is in custody, he should already have seen a lawyer, probably a public defender.

2. The place for him to get legal advice is from his attorney, whether hired or court-appointed.

3. Everyone accused of a felony - or a misdemeanor for that matter - is entitled to a lawyer.

4. If he can't afford a lawyer, one will be provided for him at state expense.

5. He should not rely on you, or me, for legal advice. He should get that from a lawyer who has read the charges, or the police report, and can attend the arraignment and/or repliminary hearing.

6. Having said all this, I think there is some chance that the charges will stick, at least the burglary part; the elements are all there, and the only arguable part is the "criminal intent" issue. Property left behind by a tenant or former owner is still theirs, and the foreclosure company has no right to enter or possess the property prior to the foreclosure and passage of title. The DA has a strong case.

Read more
Answered on 12/20/07, 11:16 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California