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View Full Version : Portland homebuyer finds locks changed, home occupied




Cissy
08-22-2014, 06:00 PM
http://www.kptv.com/story/26343399/man-buys-ne-portland-home-but-finds-locks-changed-home-occupied


PORTLAND, OR (KPTV) -

A Washington man who recently closed on a home in Northeast Portland was shocked to find a family had recently moved in and changed the locks.

Rod Nylund said he learned about the occupants, who he assumes are squatters, last week when a contractor he sent to do work at the home called to tell him it was occupied. Nylund called police and confronted the occupants, but said the officer was unable to do anything about it.

Nylund said his realtor found out the couple had not only changed the locks, but started utility service at the home in their names.

"It's kind of like buying a car and you walk out to get in it and somebody's sitting in there," said Nylund.

Nylund's realtor, Kim Spiess, said the home's previous owner has no idea who is currently living in the home, or how they got there.

Neighbors, who asked not to be identified, said they noticed the couple had recently moved into the home, which is near NE 170th and Glisan, after it had been standing vacant for several months.

Nylund said he has tried to communicate with the occupants, even offering them money to move out, but has had no luck.

"These people are pretty sharp," said Nylund. "They turned the power on 30 days prior to moving into it, and they paid the power bill while the home was vacant."

Gresham police confirmed an officer responded to a call for squatters at the residence, but could not provide details on the outcome of the response.

The home's occupants answered a knock on the door Thursday, but would not comment about the situation.

According to John Henry Hingson, a Portland-area attorney, Nylund will have to go to court to remove the home's current occupants by filing a forcible entry and detainer action.

Nylund said he will be contacting his own attorney to try to claim his property.

phill4paul
08-22-2014, 06:05 PM
http://www.oregonlaws.org/ors/161.219

§ 161.219¹
Limitations on use of deadly physical force in defense of a person
Notwithstanding the provisions of ORS 161.209 (Use of physical force in defense of a person), a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:

(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
(2) Committing or attempting to commit a burglary in of a dwelling; or
(3) Using or about to use unlawful deadly physical force against a person. [1971 c.743 §23]

Kotin
08-22-2014, 06:20 PM
Go back with a shotgun and kick them out of your house.. Pretty simple.. It's your property..

Anti Federalist
08-22-2014, 06:26 PM
Go back with a shotgun and kick them out of your house.. Pretty simple.. It's your property..

Hahahahahahahahah...

That's when Officer Friendly WILL do something about it.


but said the officer was unable to do anything about it.

Kotin
08-22-2014, 06:34 PM
Cops will raid people's houses SWAT style for marijuana but will do nothing to remove actual trespassers and property rights violators?? And this guy could get punished for defending his property from this scum?? Again, remind me why we have police at all? Abolish them. They will kill your dog and then do nothing to remove trespassers.

Anti Federalist
08-22-2014, 06:40 PM
Cops will raid people's houses SWAT style for marijuana but will do nothing to remove actual trespassers and property rights violators?? And this guy could get punished for defending his property from this scum?? Again, remind me why we have police at all? Abolish them. They will kill your dog and then do nothing to remove trespassers.

Ah...yeah, that.

CaseyJones
08-22-2014, 07:03 PM
Swat the house, say you smelled meth

Cleaner44
08-22-2014, 07:09 PM
There is a very simple solution...
http://thefirefightingdepot.com/images/13996567700461067701611.jpeg

The owner should go into his house and make himself at home. What are the squatters going to do, call the cops?

Schifference
08-22-2014, 07:22 PM
There is a very simple solution...
http://thefirefightingdepot.com/images/13996567700461067701611.jpeg

The owner should go into his house and make himself at home. What are the squatters going to do, call the cops?
^^This^^
Show up with a locksmith when they are out of the house and change the locks. Or just gain entry however you want it is your home and change the locks.

Anti Federalist
08-22-2014, 07:40 PM
There is a very simple solution...
http://thefirefightingdepot.com/images/13996567700461067701611.jpeg

The owner should go into his house and make himself at home. What are the squatters going to do, call the cops?

Yes, that is exactly what they will do, call the cops and have the property owner arrested for breaking and entering.

And the cops will.

Dr.3D
08-22-2014, 07:46 PM
Yes, that is exactly what they will do, call the cops and have the property owner arrested for breaking and entering.

And the cops will.

Of course they will, breaking and entering is illegal.

CPUd
08-22-2014, 08:58 PM
It's harder than you might think to get out a squatter:


http://www.youtube.com/watch?v=yewzlJvAYXo

MRK
08-22-2014, 09:25 PM
^ Meh, looks like the yuppie who got walked on in the video above feels guilty he has two houses and some poor woman doesn't even have one. I bet he feels like he's doing his good deed for the day every morning when he wakes up, thinks about it and decides not to get creative and trick her out of the building. If he wanted to get her out, she would be out.

CPUd
08-22-2014, 09:28 PM
^ Meh, looks like the yuppie who got walked on in the video above feels guilty he has two houses and some poor woman doesn't even have one. I bet he feels like he's doing his good deed for the day every morning when he wakes up, thinks about it and decides not to get creative and trick her out of the building. If he wanted to get her out, she would be out.

That, and bringing the lawyers in would cost more than it's worth, assuming the squatters are judgment-proof.

thoughtomator
08-22-2014, 09:40 PM
squatting is less enticing when it comes with being shot at

CPUd
08-22-2014, 09:43 PM
squatting is less enticing when it comes with being shot at

Depending on the state, it's illegal to do that under some circumstances. The laws usually favor the squatter.

thoughtomator
08-22-2014, 09:50 PM
Depending on the state, it's illegal to do that under some circumstances. The laws usually favor the squatter.

When people have this level of offensiveness to civilized behavior and the law is an obstruction to justice, ruthless and merciless solutions are on the table.

MRK
08-22-2014, 09:52 PM
It's a tricky thing all around to be sure. But I'm thinking of several things to do.

1. Camp around, wait until she's gone, bust open the locks and change them. I don't think it's breaking and entering if it's your own home and there's no one inside.

2. Cut the power from outside. Again, it's your own home, you're just doing repairs. Might be tricky in a townhouse complex like that though.

3. Just stand outside the home, and stare silently at her like the aliens in The Others. Get some friends to join in.

4. Start a community protest outside the house.

5. Forget about breaking the old lock, just put a big new padlock on the door, aim a camera at it, with the camera sitting in a parked car or stashed in a tree. If/when she tries to break the lock, she'll be on camera breaking into your house. Show the video to the police and have them haul her ass out.

presence
08-22-2014, 10:00 PM
A grant holders right to property does not supercede someones possession. The grant holder's claim is legal; not in fact. The possessors claim is in fact.


Possession (http://en.wikipedia.org/wiki/Possession_%28law%29) is the actual holding of a thing, whether or not one has any right to do so. The right of possession (http://en.wikipedia.org/wiki/Right_of_possession) is the legitimacy of possession (with or without actual possession), the evidence for which is such that the law will uphold it unless a better claim is proven. The right of property (http://en.wikipedia.org/wiki/Right_of_property) is that right which, if all relevant facts were known (and allowed), would defeat all other claims. Each of these may be in a different person.


For example, suppose A steals from B, what B had previously bought in good faith from C, which C had earlier stolen from D, which had been an heirloom of D's family for generations, but had originally been stolen centuries earlier (though this fact is now forgotten by all) from E. Here A has the possession, B has an apparent right of possession (as evidenced by the purchase), D has the absolute right of possession (being the best claim that can be proven), and the heirs of E, if they knew it, have the right of property, which they cannot prove. Good title consists in uniting these three (possession, right of possession, and right of property) in the same person(s).


The extinguishing of ancient, forgotten, or unasserted claims, such as E's in the example above, was the original purpose of statutes of limitations (http://en.wikipedia.org/wiki/Statute_of_limitations). Otherwise, title to property would always be uncertain.





the couple had recently moved into the home, which is near NE 170th and Glisan, after it had been standing vacant for several months.


'Lands actually settled and improved, prior to the date of the entry of a warrant with the deputy surveyor of the district, shall not be surveyed; except for the owner of such settlement and improvement.'



Tench Coxe 1792
http://openjurist.org/4/us/170/the-commonwealth-v-tench-coxe-esq


Just because you legally own something does not mean that someone else cannot take lawful possession of it while you are away.




PRESENCE

CPUd
08-22-2014, 10:39 PM
If you can't beat 'em, join 'em:



Heidi Peterson could not believe what was in her Detroit home when she returned after being away for a year. A woman named Missionary-Tracey Elaine Blair was living there. Blair refuses to leave the home, and Peterson doesn't have the means go elsewhere.

In a bizarre twist involving legal issues, both women are living in the same house: owner and alleged squatter.

"She thinks that this is a program in Detroit to take people's homes and fix them up, and then she gets to keep them," Peterson told MyFoxDetroit. Peterson said Blair changed the locks, replaced the appliances and reworked the plumbing in the older home. Peterson purchased the home in the historic Boston-Edison neighborhood of Detroit for $23,000, she said. She left last year when it was in need of repairs. Blair, a former tenant at Peterson's house, said she was evicted in February 2011. "We had to vacate because the boiler was damaged," Blair said. "I took all my books and my writings, but my (furniture was) still left in (there)."

Blair says she is not squatting and has a lease. While a squatter has no legal right to the property, the homeowner cannot remove a squatter by force, MyFoxDetroit reports. In this case, as in many others, Peterson must prove she is the rightful owner of the property in civil court and then seek eviction.

In the meantime, Blair and Peterson are living under the same roof.


LOL squatter says she is "an advocate for affordable housing"


http://www.youtube.com/watch?v=OPvSsPxR4ww

Keith and stuff
08-22-2014, 11:15 PM
Sounds like Oregon.

https://fbcdn-sphotos-c-a.akamaihd.net/hphotos-ak-xpa1/t1.0-9/10628552_774215892621659_5923225216450994888_n.jpg

Oregon:
$68,929 Median Household Income
10.53% Personal Income Tax
16% Estate Tax
$22.73 Spirit Tax
5¢ Bottle Tax
May NOT Pump Own Gas

New Hampshire:
$97,547 Median Household Income
NO Personal Income Tax
NO Estate Tax
NO Spirit Tax
NO Bottle Tax
MAY Pump Own Gas

puppetmaster
08-22-2014, 11:16 PM
Oregon. ...liberal puks

oyarde
08-22-2014, 11:35 PM
This is what you get for buying in Portland .

RM918
08-22-2014, 11:56 PM
I guess criminal trespass is one of those rare crimes that gets more legal the longer you do it, like bribing a politician.

kcchiefs6465
08-23-2014, 12:48 AM
You cannot pump your own gas in Oregon? (and New Jersey, too, apparently)

That is the most incredible thing I've ever read.

What's the reason?

CPUd
08-23-2014, 01:38 AM
Back in the day, there was a concern about people not knowing how to work the pumps without catching something on fire. Those 2 states just haven't repealed their laws yet.

RM918
08-23-2014, 02:12 AM
Back in the day, there was a concern about people not knowing how to work the pumps without catching something on fire. Those 2 states just haven't repealed their laws yet.

Now they don't want to repeal them because gas attendants would lose their jobs.

John F Kennedy III
08-23-2014, 04:32 AM
Somebody should take it to the next level. Squat AND use it as a grow house. Really rub that shit in when the cops arrest the actual homeowner for breaking and entering.

John F Kennedy III
08-23-2014, 04:36 AM
Also I now live about 4 miles from that guy's house.

69360
08-23-2014, 05:37 AM
How hard is this? Wait till they leave, bring your deed to the house a group of friends. Enter the house, remove all their stuff. If anything happens, show deed in your name and empty house. If you have the deed in your name and possession, the house is yours.

Cleaner44
08-23-2014, 05:55 AM
It's a tricky thing all around to be sure. But I'm thinking of several things to do.

1. Camp around, wait until she's gone, bust open the locks and change them. I don't think it's breaking and entering if it's your own home and there's no one inside.

2. Cut the power from outside. Again, it's your own home, you're just doing repairs. Might be tricky in a townhouse complex like that though.

3. Just stand outside the home, and stare silently at her like the aliens in The Others. Get some friends to join in.

4. Start a community protest outside the house.

5. Forget about breaking the old lock, just put a big new padlock on the door, aim a camera at it, with the camera sitting in a parked car or stashed in a tree. If/when she tries to break the lock, she'll be on camera breaking into your house. Show the video to the police and have them haul her ass out.

Good answer.

The problem these home owners have is that they go to the police to solve their problem instead of just solving it themselves.

fisharmor
08-23-2014, 05:55 AM
How hard is this? Wait till they leave, bring your deed to the house a group of friends. Enter the house, remove all their stuff. If anything happens, show deed in your name and empty house. If you have the deed in your name and possession, the house is yours.

I would sell the stuff and keep the money for my trouble.

CPUd
08-23-2014, 06:28 AM
How hard is this? Wait till they leave, bring your deed to the house a group of friends. Enter the house, remove all their stuff. If anything happens, show deed in your name and empty house. If you have the deed in your name and possession, the house is yours.

They could still prove they were living there by showing a utility bill in their name. The cops would treat it like a landlord-tenant relationship and let them back in while threatening to charge the owner with some sort of assault or property crime. People who do this generally know what they can and can't get away with, legally.

Carson
08-23-2014, 06:48 AM
Heaven forbid someone trespass in on the trespassers. :eek:

VIDEODROME
08-23-2014, 07:14 AM
if the squatters are paying for the electricity, just plug in everything you can think of to the external outlets and run up their bill.

69360
08-23-2014, 08:08 AM
They could still prove they were living there by showing a utility bill in their name. The cops would treat it like a landlord-tenant relationship and let them back in while threatening to charge the owner with some sort of assault or property crime. People who do this generally know what they can and can't get away with, legally.

Wait until the trespassers leave and move in quickly with a crew of people to remove all of the trespasser's belongings. This is not against any law if you own the property and there is no lease agreement. Change the locks and stay in the home.

Utility bill means nothing if they aren't in physical possession of the property and they don't have a signed lease. In fact, you as the property owner could have the utilities shut off.

I could sign up your house for cable TV and get a bill with my name and your address. Doesn't mean I could get you kicked out of your house and move in.

Keith and stuff
08-23-2014, 08:10 AM
You cannot pump your own gas in Oregon? (and New Jersey, too, apparently)

That is the most incredible thing I've ever read.

What's the reason?

Statists. They have taken over from coast to coast. It seems, they are now even illegally occupying homes from coast (OR) to coast (TX).

CPUd
08-23-2014, 09:26 AM
Here are some helpful hints if you want a place of your very own:





Find a source of water. If you're lucky enough to find a place with running water, you're set. But not every squatter is this lucky. Having water is essential to making a squat habitable.

You can find out who owns a building by visiting the local assessor or clerk and recorder. This information is usually public and may help you determine the suitability of a building.

In many jurisdictions, the police can evict you only if the property owner requests it and only if the property owner legally establishes that you don’t have a right to be there. In some places, this is harder than you might think, so check your legal options if the threat of eviction looms. There are organizations available in many countries that can help you defend your claim.

If the property owner wants you out, try to negotiate with him or her instead of causing conflict. You will make a more favorable impression if you have already fixed up the property and if you are living a responsible, low-key life.

Try to make sure you have at least one or two people in the building at all times during the initial stages of a squat. This will help deter thieves and vandals, and it will make it more difficult for people to lock you out.

You can also squat buildings to be used as public areas. Not all squats are residences. Some are social centers that take the place of comparable services which are otherwise missing in the community, e.g., bartering centers, libraries, game rooms (just throw in a ping pong table), and meeting spaces.



http://www.wikihow.com/Squat-in-Abandoned-Property

Jackie Moon
08-24-2014, 03:59 AM
You cannot pump your own gas in Oregon? (and New Jersey, too, apparently)

That is the most incredible thing I've ever read.

What's the reason?


Back in the day, there was a concern about people not knowing how to work the pumps without catching something on fire. Those 2 states just haven't repealed their laws yet.

The first time I got gas outside of Oregon and had to pump myself I felt like such an idiot for actually having to read the directions. So embarrassing.

When you think about not being allowed to pump your own gas and being forced to pay an "expert" to do it for you it seems rightfully stupid... but if you've grown up here it's normal and accepted.

People are so used to it this way they don't even think about it, so I don't see it changing any time soon.


http://www.kptv.com/story/26351939/squatters-in-vacant-homes-a-growing-problem

A Washington man who just closed on a home in NE Portland has retained an attorney to begin the process of evicting squatters that moved into the home and changed the locks.

Rod Nylund, who bought the home as an investment property, said he has tried to reason with the couple in the home on at least two occasions, with no success.

"They claim they had been watching it and the home was vacant so they need a place to stay," said Nylund.

FOX 12 was able to briefly speak with the woman who has been living in the home without permission. She said she and her husband and young daughter had been homeless, and claimed the property as "adverse possessors." The term is used when trespassers claim legal ownership of a abandoned property by physically occupying it and improving it.

Bruce Orr, a real estate attorney with Wyse Kadish, said the family is squatting on the property in spite of its claims, and that Nylund could have them forcibly removed by the sheriff's department, although it would have to be done through the courts.

"You're looking at 14 to 30 days, maybe 45 to 60 days, depending on the circumstances," said Orr.

Pete Cansler, a realtor who worked on the sale of the home, said squatters seem to be becoming more aggressive, settling in properties that, in some cases, haven't been vacant for very long.

"I had one that I've lost to foreclosure because we had squatters. The tenants or squatters wouldn't leave, and the owners didn't have the money to evict them," said Cansler.

Cansler's partner, Kim Spiess, discovered a local website seemingly dedicated to helping squatters occupy vacant properties. It includes instructions about how to find the homes, and how to establish a façade of rightful ownership, suggesting squatters set up utilities in their names and try to blend into the neighborhood.

While Nylund is exploring his legal options, he is also responsible for the monthly mortgage payment on the property.

GunnyFreedom
08-24-2014, 04:49 AM
You cannot pump your own gas in Oregon? (and New Jersey, too, apparently)

That is the most incredible thing I've ever read.

What's the reason?

make-work. Dunno the 'official' reason but the real reason is make-work.

tod evans
08-24-2014, 05:19 AM
Are people really this dependant on others to fix their problems?

March your happy ass in and physically toss them out.

Problem solved.

It's no wonder government has grown to the size it is...

Suzanimal
08-24-2014, 05:32 AM
Are people really this dependant on others to fix their problems?

March your happy ass in and physically toss them out.

Problem solved.

It's no wonder government has grown to the size it is...

This ^^^

Many moons ago my dad had some hunting property and went and found these people had moved into the old trailer on it. It only took him and Bessy (his shotgun) an hour to get rid of their asses - that's because he was a nice man and gave them time to get their shit.

JK/SEA
08-24-2014, 08:09 AM
had a home right next door to me that was more or less foreclosed on. Well, the boys that used to live there were on the wrong side of wrong...mostly drugs and burglary....long story short...the boys had friends. They kept trying to move in. I stopped them for my, and my neighborhood safety and to protect this house from further damage. I did a lot of freaky shit to get rid of the cockroaches. Being retired, and sometimes being the only one on the cul-de-sac that was home, i could be creative. The Guy Fawkes mask was my favorite psy-op tactic...stand in the street and staring at them was fun...also my super bright flashlight in the windows at 1am was fun as well....they all left...i'm a big guy with an attitude, and not afraid of anything...all punks, the lot of them.....

We FINALLY have a nice family now in the home.....

nobody's_hero
08-24-2014, 01:29 PM
The state will not come aid you unless you spend $$$ in the court system.