Illegal Occupation Of Homes A Continuing Problem
 

Illegal Occupation Of Homes A Continuing Problem

December 19, 2011 4:50 PM

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http://cbsdenver.files.wordpress.com...ouse.jpg?w=300 (credit: CBS)


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Adverse Possession, Alfonso Carrillo, Denise O'Connell, German Jasso, Grand County, Illegal Occupation, Larry Asbery, Laura Gutierrez, Leo Piechocki, Rick Sallinger, Winter Park

WINTER PARK, Colo. (CBS4) – It is one of the more bizarre outcomes of our mortgage crisis — illegal occupation of homes.

CBS4 Investigator Rick Sallinger found people have moved into vacant homes under foreclosure in Aurora, Denver, and now the Winter Park area.

There’s a common thread in illegal occupations. That thread appears to be a Denver area man who calls himself a real estate consultant. Investigators say he is telling Hispanics, including illegal immigrants, if they move into empty homes and make improvements they can claim the houses as their own under what’s called “adverse possession.”

A family that had been living in a house told a neighbor they were moving up to a pricier neighborhood.

“He said, ‘We are going to be buying a house in Rendezvous for just the taxes; a million and a half dollar home.’ And I said, ‘Really?’ ” neighbor Diane Collier said.
They moved into a 5,200 square foot, five bedroom, five bath home with a fireplace-heated bathroom, and spectacular views. Real estate agent Denise O’Connell was attempting to sell it.

“You can kind of see the layout where there was a television, a couch over here, a table in this area; obviously they moved in,” O’Connell said.

So law enforcement was contacted. They arrested German Jasso and his wife Laura Gutierrez on charges, including felony theft and trespassing. Grand County sheriff’s investigator Sgt. Leo Piechocki says the couple indicated they ad been helped by real estate consultant Alfonso Carrillo.

http://cbsdenver.files.wordpress.com...pg?w=420&h=236Alfonso Carrillo (credit: CBS)

“It appears Mr. Carrillo is finding homes in foreclosure and moving people into the homes without any authority to do so,” Piechocki said.

Carrillo is also being investigated in the occupation of two other homes in the Winter Park area discovered by real estate agents.

“They’re very quiet, they are hiding behind the walls in that property,” O’Connell said.

Carrillo already has a case pending in Denver District Court where he faces multiple counts of theft and forgery. He is accused of filing phony deeds and taking thousands of dollars from people he puts in the houses.

CBS4 first learned about Carrillo from an Aurora man who found his home occupied. Larry Asbery had been in the hospital and when he got out he found people living in his house. The person claiming to own the house told CBS4 it was obtained with the help of Carrillo.

While Carrillo said he couldn’t speak to CBS4 because of the advice of his attorney, he served the Grand County Sheriff’s Department with legal papers, not yet filed, claiming that department is systematically targeting minorities with wrongful eviction.

Law enforcement authorities told CBS4 if people think they can quickly take over vacant homes through adverse possession, they are wrong. It typically takes 18 years to just apply for that.

THIS IS WHAT I FIND INTERESTING. This Carrillo guy is up to something, looks like a loop hole where he can definitely benefit financially thought theft.

Check this out.
Basic requirements for adverse possession

Adverse possession requires at a minimum five basic conditions being met to perfect the title of the disseisor. These are:

• Actual possession of the property – The disseisor must physically use the land as a property owner would, in accordance with the type of property, location, and uses. Merely walking or hunting on land does not establish actual possession. In Cone v. West Virginia Pulp & Paper, the United States Court of Appeals for the Fourth Circuit held that Cone failed to establish actual possession by occasionally visiting the land and hunting on it, because his actions did not change the land from a wild and natural state. The actions of the disseisor must change the state of the land, as by clearing, mowing, planting, harvesting fruit of the land, logging or cutting timber, mining, fencing, pulling tree stumps, running livestock and constructing buildings or other improvements.

• Open and notorious use of the property – The disseisor's use of the property is so visible and apparent that it gives notice to the legal owner that someone may assert claim. It must be of such character that would give notice to a reasonable person. If legal owner has knowledge, this element is met; it can be also met by fencing, opening or closing gates or an entry to the property, posted signs, crops, buildings, or animals that a diligent owner could be expected to know about.

• Exclusive use of the property – The disseisor holds the land to the exclusion of the true owner. If, for example, the disseisor builds a barn on the owner's property, and the owner then uses the barn, the disseisor cannot claim exclusive use. (Note: There may be more than one adverse possessor, taking as tenants in common, so long as the other elements are met.)

• Hostile or adverse use of the property – The disseisor entered or used the land without permission. Renters, hunters or others who enter the land with permission are not hostile. The disseisor's motivations may be viewed by the court in several ways: Objective view—used without true owner's permission and inconsistent with true owner's rights. Bad faith or intentional trespass view—used with the adverse possessor's subjective intent and state of mind (mistaken possession in some jurisdictions does not constitute hostility). Good faith view—a few courts have required that the party mistakenly believed that it is his land. All views require that the disseisor openly claim the land against all possible claims.

• Continuous use of the property – The disseisor must, for statute of limitations purposes, hold that property continuously for the entire limitations period, and use it as a true owner would for that time. This element focuses on adverse possessor's time on the land, not how long true owner has been dispossessed of it. Occasional activity on the land with long gaps in activity fail the test of continuous possession. Courts have ruled that merely cutting timber at intervals, when not accompanied by other actions that demonstrate actual and continuous possession, fails to demonstrate continuous possession. If the true owner ejects the disseisor from the land, verbally or through legal action, and after some time the disseisor returns and dispossesses him again, then the statute of limitation starts over from the time of the disseisor's return. He cannot count the time between his ejection by the true property owner and the date on which he returned.

Some here in the Dallas fort worth area tried to do that, worked for a tad, but now they are in jail. with a very good chance of spending quality prison time here.

Texas law sorta allows what they do, but in the end they that try will pay the legal price, and see bars and loss of freedom.

Dogman, I did some searching and it looks like this douche bag is being charge with fraud etc.

Denver Man Charged With Theft & Forgery in Real Estate Scam

12/6/2011

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Denver, CO – December 6, 2011 – The prevalence of foreclosures in recent years has caused a surge in scams, many of which involve criminals fraudulently acting as homeowners. The Denver District Attorney’s office is warning of such scams after charging a man with multiple counts of forgery and theft.

The DA’s office alleges that Alfonso Carrillo operated a homebuyer and rental scam under the business name, Home Retention Services that targeted Spanish-speaking victims. According to the DA’s fraud alert, Carrillo is accused of filing phony deeds on houses vacated through foreclosure, then gaining access and posing as the owner.

The alert also states that an arrest warrant has also been issued for a second man, Rudy Breda, who is accused of recording phony deeds with the Denver Clerk and Recorder’s Office.
“Being on guard against imposter homeowners has become a new reality for renters and buyers of homes in this economy,” said Dale Mingilton, president and CEO of the BBB Serving Denver/Boulder. “When the vulnerable are targeted such as the young, elderly or Spanish-speaking, it is especially disturbing.”

Such scams have become so common, local businesses have developed services to help renters and buyers check out and verify landlords. Research real estate services at www.denver.bbb.org.
The Denver DA’s office and the Better Business Bureau offer the following tips for avoiding real estate/rental/landlord fraud:

· Never take a person’s word that they own a home, or that they are a reputable real estate agent or broker.
· Always check with a title company to be certain the ‘owner’ you are dealing with holds the actual deed. Check the status of a real estate agent at www.dora.state.co.us/library/databases3.htm
· Never record a deed, if asked. It is a crime for a person to record a deed if the deed is legally held by someone else. Only the property owner can sell or rent their property.
· Beware of deals that sound too good to be true. Scammers will often list a rental for a very low price to lure victims.
· Never wire transfer a deposit. Money sent via wire transfer service is extremely difficult to track and retrieve.

The Denver District Attorney’s Office is advising anyone who believes they may be the victim of this type of scam to contact them and ask for Investigator Daniel Chun.
The Denver DA’s Fraud Line is: 720-913-9179.

Yes right now I am too lazy, but there is a case in the DFW area right now and less than two weeks ago. that some tried and did live on the property for a while, before being hauled off to jail and face prison time.

I may post it later , but right now. I am just to dam lazy to do much shit at all.

Nice ideal, but in reality none will win.



Edit: GoD just another example of people trying to get something for nothing. and play with the legal system, as some here do, but in the end there is no way in hell they will win. Unless they build their own island or such in the middle of international waters. And clam sovereignty and can defend it.

Never going to happen , within a established nation.


Happy x mas and new year. ass hat....http://www.discussworldissues.com/fo...ilies/grin.gif

Lawfully you have no way to pay for anything. Yes, I know you have both feet in a system where you APPEAR to pay for things but under law you pay for nothing with a debt instrument. So what are you actually paying for in reality?

When you submit an offer and close on a property you are giving the previous tenant motivation to lose possession. The property is vacant when you move in and take possession. The entire transaction takes place in equity rather than law.

I don't doubt but what the legal system will tolerate so much of this "adverse possession" but if they acknowledge it then they lose control. The one in adverse possession holds the property in "unalienable" status. This doesn't mean they won't sell it if they can but rather that nobody is going to loan money to the new "owner" because the title is essentially a quit claim deed ... you give up any rights you have whatever those rights might be in exchange for these little fraudulent notes called FRNs.

Go to Texas code and you will see that the owner of any property is defined to be the one paying taxes on the property. In law the one who is the owner is the one who ACTS as the owner.

Given the lack of substance in money your best bet is to purchase a property from the previous "tenant" using a land contract, $1 in silver and other valuable considerations. The $1 is the substance .. none other is likely to change hands. The state is likely going to squawk because it seems to think it is owned property taxes.

When you have property you place your boundary markers, make public notice, perambulate the property, but recording is not desired. Neither is use of congressionally defined TOWNSHIP and RANGE markers to identify the property. A township is part of the body politic of a county and if you don't want your property subject to taxes the best thing to do is not use county resources to hold on to it.

The above post just made my case!


Try it and see bars..

Yeah, going along* (with the plan of the Z tribe) to get along (with the hired guns of the Z tribe) is DEFINITELY the ticket. Screw the law of nature, who needs it when there's earthly gods to worship? Certainly much safer that way...

*note: thumbing one's nose at the laws of nature and nature's God can and will subject one to some very serious repercussions when one departs this earthly plane

Not taking sides just on the fence and looking at the real world, and in the real world .....well is real. No matter who is z or what is a in charge.

The Creator is 'in charge'.

Would you rather experience real bars or virtual bars? Personally I find participating voluntarily in material misrepresentation of material facts (the "legal" description of fraud) to be unsavory. Honesty is the preferred seasoning on my meat.

People that play your game, if they do not have a ton of money will see real bars..

What are you suggesting someone with "a ton of money" is going to do, hire a shyster?

I recall hearing of a guy who was taking on the Canadian tax board. He told his lawyer he had a million dollars in his accounts. The lawyer told him he would never go to prison with those kind of assets. The attorney was right. The lawyer fees sucked up the accounts and he went to prison a pauper.

"Enter ye in at the strait gate: for wide is the gate, and broad is the way, that leadeth to destruction, and many there be which go in thereat:"

Your credibility would go up if you all can post positive links to facts and real documented situations. but it seems you all can never can...Shame

Clearly you're too lazy to DYODD by listening in to shows hosted by people such as Rod Class or Alfred Adask.

Give not that which is holy unto the dogs, neither cast ye your pearls before swine, lest they trample them under their feet, and turn again and rend you.

Video and such can say anything , I want to see or at least have links that have links to hard fact. and so far nothing but hot air. and they that do try to do.. end up in jail or worse.

And that = no proof of anything

You're doing a fine job of policing for the tribe. You bucking for a bonus, promotion, or just recognition as an obedient subject?

You don't want to know, otherwise you'd do your OWN objective research, draw your OWN sensible conclusions, and ACT accordingly.

i think it is logical for people to move into homes that have been vacated as a result of mortgage fraud.

i'm not saying it's always the right thing ... still working on the details. http://www.discussworldissues.com/fo...ilies/wink.gif

it also seems logical for a neighborhood to vote on who they want living in the vacant homes in their neighborhood.

Gawd how I love irony.

just another example of people trying to get something for nothing*. and play with the legal system*, as some here do, but in the end there is no way in hell they will win. *Just wondering outloud here, but isn't using debt to 'pay' for 'real estate' just another form of 'getting something for nothing'?? And isn't suffering the illusion that using debt as a tender in payment of debt "play(ing) with(in) the legal system"?? And isn't playing into this con game only going to result in "no way in hell (one) will win (in the end)?? http://www.discussworldissues.com/fo...milies/huh.gif