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Colo. Family Tries to Regain Home From Occupiers (Major frothing mouth in anger warning!)
Yahoo news ^ | July 16, 2012 | SUSANNA KIM

Posted on 07/17/2012 9:52:52 AM PDT by nerdwithagun

Dayna Donovan was in for a surprise when she learned two strangers had been living in her Littleton, Colo., home for eight months. They still haven't moved out despite a judge's ruling they had to be out by the weekend.

On Thursday, a judge in Arapahoe County ruled that Veronica Fernandez-Beleta and Jose Rafael Leyva-Caraveo, the two people who were living in the home, had to move out by Saturday morning. But as of Monday evening, Donovan, 43, said the two were still there.

(Excerpt) Read more at gma.yahoo.com ...


TOPICS: Crime/Corruption; News/Current Events; US: Colorado
KEYWORDS: squatters
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The squatters "bought it" from a fony salesman for $5K so it has to be treated as a civil issue and not a criminal trespass issue. They sound like they are illegal aliens and they have some kind of "Christian" legal foundation with a lawyer while the real owners can't afford a lawyer. I think the legal foundations are just another tool to help illegals no matter what. I am so mad after reading this I could spit!
1 posted on 07/17/2012 9:52:57 AM PDT by nerdwithagun
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To: nerdwithagun

S. S. S.


2 posted on 07/17/2012 9:54:57 AM PDT by Dead Corpse (I will not comply.)
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To: Dead Corpse

In the good old days, this type of problem would have been readily, conclusively, and inexpensively solved by good neighbors with baseball equipment; and no one, including the police, would see anything.


3 posted on 07/17/2012 10:00:53 AM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: nerdwithagun

I think this is called ‘theft’. Or if nothing else, ‘criminal trespass’...In any case, don’t YOU try it!


4 posted on 07/17/2012 10:03:14 AM PDT by SMARTY ("The man who has no inner-life is a slave to his surroundings. "Henri Frederic Amiel)
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To: nerdwithagun

Can’t you shoot home invaders?


5 posted on 07/17/2012 10:06:17 AM PDT by crosshairs
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To: nerdwithagun

No mention of going after the phony who sold the property, which is a criminal matter.
That says to me: Get ready for a lot more of these cases.


6 posted on 07/17/2012 10:06:41 AM PDT by loungitude (The truth hurts.)
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To: nerdwithagun

” They are also dealing with their mortgage company, because they are about $20,000 behind on their house payments, the last of which was made in June 2011.”

What’s the big deal as at this point in time the house will be foreclosed.

Pay up the 20k you owe the bank and maybe someone will give a damn about your plight.


7 posted on 07/17/2012 10:06:51 AM PDT by Uncle Slayton
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To: Dead Corpse

Oh yeah, great plan. You can do the same to the next occupiers when you get out of prison.


8 posted on 07/17/2012 10:08:25 AM PDT by 1rudeboy
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To: nerdwithagun

Does anybody know...is a Title Committment, and Title Insurance required, to purchase real estate in Colorado?

I just don’t buy the ‘phony salesman’ part of this.

What about the deed chain of ownership? Does Colorado use the recording system for deeds?

This is just stupid.


9 posted on 07/17/2012 10:09:01 AM PDT by lacrew (Mr. Soetoro, we regret to inform you that your race card is over the credit limit.)
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To: nerdwithagun

This is why it needs to be legal to shoot somoene for criminal trespass.


10 posted on 07/17/2012 10:09:17 AM PDT by John O (God Save America (Please))
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To: nerdwithagun

I file this under Home Invasion. My solution for home invasion would be a couple bursts of 5.56 followed by some .44 magnum if they are still moving.


11 posted on 07/17/2012 10:09:22 AM PDT by InsidiousMongo
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To: nerdwithagun

And if a “Christian” law firm is aiding the criminals, then that firm is not “Christian”


12 posted on 07/17/2012 10:10:13 AM PDT by John O (God Save America (Please))
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To: nerdwithagun

There’s a little problem that’s downplayed in the article. The “owners” are $20,000 behind in mortgage payments on the house and left the state when they were 2 payments behind. I’d be very interested in learning the legal ramifications of that and how it plays in in regard to the “squatters.” Any real estate attorneys around here?


13 posted on 07/17/2012 10:10:23 AM PDT by Bernard Marx
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To: lacrew

I’m with you lacrew.

Doesn’t transfer of real property require the signature and presence of either an attorney or title company in every state - all 57 of them.

These bonehead occupiers are lying. Send in the dogs. Shut off the power. etc.


14 posted on 07/17/2012 10:17:22 AM PDT by Principled (It's not enthusiasm for Romney, it's grim determination to remove Hussein)
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To: InsidiousMongo

“I file this under Home Invasion. My solution for home invasion would be a couple bursts of 5.56 followed by some .44 magnum if they are still moving.”

Under your theory, the banker who the Donovan family owes $20,000.00 can go and shoot the Donvans and their children and take back the bank’s property.


15 posted on 07/17/2012 10:17:53 AM PDT by Uncle Slayton
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To: lacrew
oh adverse possession is claimed - after 8 months. LOL not a chance.

a realtor defrauded the squatters - or so they'll claim.

my bet is there was no realtor and was no 5k.

"People who are even on an extended vacation need to be aware of this situation because once someone illegally occupies your home, you can't just have the cops arrest them," because they need to be caught in the act of breaking in and entering, Donovan said.

I'll tell you one thing - if i come home some day and someone is in my house i will shoot them pretty quickly.

16 posted on 07/17/2012 10:22:27 AM PDT by Principled (It's not enthusiasm for Romney, it's grim determination to remove Hussein)
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To: Uncle Slayton
Under your theory, the banker who the Donovan family owes $20,000.00 can go and shoot the Donvans and their children and take back the bank’s property.

After foreclosure, that's EXACTLY what would happen. The people with the guns would be wearing Sheriff's uniforms.

17 posted on 07/17/2012 10:24:12 AM PDT by PapaBear3625 (If I can't be persuasive, I at least hope to be fun.)
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To: Bernard Marx
The “owners” are $20,000 behind in mortgage payments on the house and left the state when they were 2 payments behind.

Do you think the new owners are paying the mortgage? I'd be surprised if they're paying property taxes.

18 posted on 07/17/2012 10:24:45 AM PDT by AmericaUnite (Jesus bent down and began to write on the ground with his finger. John Ch 8)
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To: Uncle Slayton
Under your theory, the banker who the Donovan family owes $20,000.00 can go and shoot the Donvans and their children and take back the bank’s property.

That's just wrong. The house had not been forclosed on. Not until then would the owners be trespassing - in spite of their debt.

19 posted on 07/17/2012 10:25:26 AM PDT by Principled (It's not enthusiasm for Romney, it's grim determination to remove Hussein)
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To: Principled
...because they need to be caught in the act of breaking in and entering, Donovan said.

Well, let's see. Are they INSIDE the dwelling?

20 posted on 07/17/2012 10:25:29 AM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: crosshairs

Where the hell is the sheriff ?


21 posted on 07/17/2012 10:26:42 AM PDT by Eric in the Ozarks
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To: PapaBear3625

The Donovans are Deadbeats as they have not made a mortgage payment in 13 months.

The bank needs to foreclose on the house and send the Donovans and the current “tenants” on their way.


22 posted on 07/17/2012 10:28:15 AM PDT by Uncle Slayton
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To: nerdwithagun

The house next to me had this same thing happen. The courts did bring felony charges against those that are doing this, but we need to change State law. There need not be an eviction oder but simple arrest and removal for any squatter whereby the propertyowner will swear out a complaint that the squatters do not have lawful possesion.


23 posted on 07/17/2012 10:28:55 AM PDT by CodeToad (History says our end is near.)
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To: AmericaUnite

until the final sale and transfer of title, the owners of record own the home.

A fraud in the inception. No clear title, no ownership right, no interest passed at all.

This judge is an idiot and ignorant for allowing this to go this far. It should be refered as a criminal tresspass and the police are lazy SOBs for ducking their jobs by calling this a civil matter.


24 posted on 07/17/2012 10:31:03 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: AmericaUnite

until the final sale and transfer of title, the owners of record own the home.

A fraud in the inception. No clear title, no ownership right, no interest passed at all.

This judge is an idiot and ignorant for allowing this to go this far. It should be refered as a criminal tresspass and the police are lazy SOBs for ducking their jobs by calling this a civil matter.


25 posted on 07/17/2012 10:31:18 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Principled

Hopefully, the bank will foreclose on the house and sell the house to some hardworking upstanding citizens who will have to decency to pay for the house.


26 posted on 07/17/2012 10:31:46 AM PDT by Uncle Slayton
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To: crosshairs

I’d think they’d wake up in the middle of the night and get dead..


27 posted on 07/17/2012 10:33:14 AM PDT by Gaffer
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To: Bernard Marx

zero. it is not foclosed and title has not passed via a sale.

The fact they are behind does not matter one iota. It does not diminish the tresspass.


28 posted on 07/17/2012 10:33:33 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: loungitude

No one. Even an illegal idiot peon from whatever south american sh!thole he comes, can honestly think buying such a house for $5000 is legitimate. The lawyers know this, the authorities know this. It is theft, pure and simple, and they had better take shifts.


29 posted on 07/17/2012 10:35:10 AM PDT by Gaffer
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To: Gaffer

No one. Even an illegal idiot peon from whatever south american sh!thole he comes, can honestly think that one can go 13 months without making a mortgage payment and not expect the bank to foreclose.


30 posted on 07/17/2012 10:38:39 AM PDT by Uncle Slayton
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To: nerdwithagun
"Donovan...and her husband have struggled to find jobs...they are about $20,000 behind on their house payments, the last of which was made in June 2011."


31 posted on 07/17/2012 10:39:23 AM PDT by familyop ("Wanna cigarette? You're never too young to start." --Deacon, "Waterworld")
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To: Bernard Marx

“The “owners” are $20,000 behind in mortgage payments on the house and left the state when they were 2 payments behind.”

So this is really a relevant case for our time. What we don’t know is who’s squatters rights are subordinate to whom.

Are there exclusive recycling rights to the copper piping? Is there revenue sharing in selling the fixtures and appliances in the house? Do the EITC checks and EBT cards that arrive at the house mailbox constitute community property?

These are questions that need to be answered.


32 posted on 07/17/2012 10:40:13 AM PDT by RFEngineer
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To: Uncle Slayton

Payment on a loan, when/where/how, really isn’t the point. Record - owner of record. Liability, responsibility are still the homeowners’ until the bank/foreclosure has cleared.

Complications aside, I maintain, the illegal peons knew what they were doing. One has nothing to do with the other. One is a matter of private business, and the other is knowing fraud.


33 posted on 07/17/2012 10:43:33 AM PDT by Gaffer
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To: Uncle Slayton

From all appearances, they abandoned the property. I really don’t have a lot of sympathy for them. The occupiers are probably lying about giving somebody $5K, but that’s a smart lie because it kicks it out of criminal court.


34 posted on 07/17/2012 10:45:14 AM PDT by Cyber Liberty (Obama considers the Third World morally superior to the United States.)
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To: Gaffer

The Donovan family is doing nothing more than rearranging the deck chairs on the Titanic as if they cannot currently pay for gas to get to work, they are likely not to come up with the 20k they owe the bank.

The bank will take to house and will get the squatters out of there.


35 posted on 07/17/2012 10:48:08 AM PDT by Uncle Slayton
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To: Uncle Slayton
Hopefully, the bank will foreclose on the house and sell the house to some hardworking upstanding citizens who will have to decency to pay for the house.


google MERS... clouded titles
The banks had an idea to create a database for mortgages..

problem is they never went to county tax offices to record
the changes.. (major lawsuit in Texas for lost fees)

there are about 10% of mortgages that are clouded..

they are repossessing on homes that are current and people who have paid off their homes

http://www.ritholtz.com/blog/2011/12/clouded-title-the-gross-illegality-of-mers/

36 posted on 07/17/2012 10:51:46 AM PDT by freedommom
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To: Uncle Slayton
Hopefully, the bank will foreclose on the house and sell the house to some hardworking upstanding citizens who will have to decency to pay for the house.


google MERS... clouded titles
The banks had an idea to create a database for mortgages..

problem is they never went to county tax offices to record
the changes.. (major lawsuit in Texas for lost fees)

there are about 10% of mortgages that are clouded..

they are repossessing on homes that are current and people who have paid off their homes

http://www.ritholtz.com/blog/2011/12/clouded-title-the-gross-illegality-of-mers/

37 posted on 07/17/2012 10:51:59 AM PDT by freedommom
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To: Uncle Slayton

This has happened fairly often in Detroit with foreclosed properties. Sometimes a couple years go by with the squatter getting utilities turned on and generally maintaining the property. In D town this sort of squatter has been providing a useful service. These damp Americans look to be just spongers.


38 posted on 07/17/2012 10:52:10 AM PDT by robowombat
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To: Uncle Slayton

That’s okay.....it is the circle of business life. The real win here would be that the thieves who thought they could buy the whole mess for $5K are thwarted. If they are illegal, they shouldn’t be here in the first place.


39 posted on 07/17/2012 10:52:10 AM PDT by Gaffer
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To: CodeToad
The Donovan story is a little too convenient and may be a tactic to gain sympathy and forestall foreclosurer.
40 posted on 07/17/2012 10:52:28 AM PDT by Uncle Slayton
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To: nerdwithagun

It’s a home invasion. Shoot ‘em!


41 posted on 07/17/2012 10:54:34 AM PDT by meyer (It's 1860 all over again - the taxpayer is the new "N" word)
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To: crosshairs

Rent off duty swat teem,over in 60 seconds.


42 posted on 07/17/2012 11:03:24 AM PDT by Vaduz
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To: RFEngineer

we do know.

the law is crystal clear.

The squaters are the law breakers and have NO RIGHTS to anything. Their claim as participants in a fraud is meaningless since the fraud gave them nothing. (if they are not complicit.)

The homeowner owns the house despite the status of the mortgage. Title is in their name so that is it.

If the squatters recorded a phoney deed they are attempting theft. This would point to the whole bought the house scheme as a fraud.

As for the law firm, their law licenses should be pulled on an emergency basis within seconds.


43 posted on 07/17/2012 11:08:33 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Uncle Slayton

POssibly, but it does have a ring of truth.


44 posted on 07/17/2012 11:13:22 AM PDT by CodeToad (History says our end is near.)
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To: Gaffer
No one. Even an illegal idiot peon from whatever south american sh!thole he comes, can honestly think buying such a house for $5000 is legitimate. The lawyers know this, the authorities know this. It is theft, pure and simple, and they had better take shifts.

I'm afraid I'll have to disagree with you there. I have seen it happen. I worked for a housing authority for a while (one of those government offices which administer Public Housing and Section 8 programs) and a Mexican woman, who was a tenant of one of the Public Housing units (these units were all small houses), managed to convince a family of illegals that she owned the Public Housing units and "sold" one of them to this family. Of course, the deception was discovered pretty quickly by the housing authority, but the woman had the cash in her hand well before.

Sad fact is that, as Americans, we take for granted the rules of propriety, so when something seems off, we're sensitive to it. Some of our undocumented "guests" not only deal with shady stuff all the time while here because they are illegal, but come from countries where there are little to no formal procedures for such things, or those procedures are so regularly circumvented as to be worthless. Add to that the lack of education often found with these people, and you've got a whole lot of suckers just waiting to be fleeced. Probably part of the reason so many people are pro-illegal immigration - more marks.
45 posted on 07/17/2012 11:17:46 AM PDT by fr_freak
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To: 1rudeboy

Coward. We used to defend our property in the US. Now, we count on the very government that sets up “sanctuary cities” to come to our rescue when illegals steal our homes.


46 posted on 07/17/2012 11:20:40 AM PDT by Dead Corpse (I will not comply.)
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To: nerdwithagun

Why not hire arbitration from the firm of Smith & Wesson?


47 posted on 07/17/2012 11:20:54 AM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Bernard Marx

They are still listed on the deed and will have all attachments of legal and lawful responsibility should anything adverse ocurr.


48 posted on 07/17/2012 11:24:07 AM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: nerdwithagun

Even under the rules, I’ve never understood the concept of “adverse posession”.


49 posted on 07/17/2012 11:27:30 AM PDT by DManA
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To: Uncle Slayton

This happened to a friend in Oregon.
She got a renter, they refused to pay the rent and refused to leave.

She lost the house, her credit rating and nearly lost her sanity.


50 posted on 07/17/2012 11:30:13 AM PDT by Zathras
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