[WSBARP] New fact pattern for me Adverse Possession.

[Jeff at bellanddavispllc.com]

What do you mean the bad guy told the son "he will take over the house"?
Was he buying it or just renting it by making the mortgage payments?  A
person can knowingly steal someone's real property by adverse possession as
long as you prove all of the elements by a preponderance of the evidence.
There is no good-faith requirement.  However, if you can get his statement
from the IRS that would be evidence that he has not met one of the adverse
possession elements.  Which element, I am not sure off the top of my head.
Need more facts about the son's continued dealing with the property after so
many years after his mother passed.

 

Jeff Davis

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Craig Gourley
Sent: Thursday, March 11, 2021 2:40 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] New fact pattern for me Adverse Possession.

 

1.	My guess is the bad guy was making the payments, got behind and then
cured it. Bank obviously either doesn't know or doesn't care that borrower
is deceased.

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Roger Hawkes
Sent: Thursday, March 11, 2021 2:37 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] New fact pattern for me Adverse Possession.

 

Craig: if facts are what you state, I am pretty sure a sober judge would
find some sort of equitable relief and not grant a decree of ap.  The two
foreclosure actions give me some pause too; seems like somebody would have
to do something so the result was not foreclosure.

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Craig Gourley
Sent: Thursday, March 11, 2021 2:19 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] New fact pattern for me Adverse Possession.

 

Listmates.  After 37 years I thought I had seen just about every weird fact
pattern that people can come up with.  Well, I was wrong.  Your thoughts on
this would be appreciated.   Mom dies 17 years ago. No probate. Son is grief
stricken when along comes the bad guy and tells grief stricken son that he
will " take over"  the house and gives him a couple bucks for his trouble.
Son moves out, signs some document which we do not have a copy of.  Son
later figures out he has been taken advantage of but figures nothing can be
done.   Now, along comes the IRS investigating the bad guy and trying to see
if he owns the property which bad guy I believe tells the IRS that he does
not . IRS tells son that whatever he signed was not valid so Mom is still in
title.  I check and yes deceased mom is still in title with an outstanding
Deed of Trust that has been in foreclosure twice since she died. Not sure if
bad guy lives there but suspect he is renting it out.  Soooo.  If we open
probate to get son the  power over the real estate can we try to kick the
bad guy out?  Is the fact he has had possession for more than 10 years
create adverse possession even if he acquired that possession by fraud or
some underhanded means?  If he made a statement to the IRS under penalty of
perjury that he does not own it, is that a waiver or some such thing? My
initial thought is adverse possession is a problem but I have never
researched the fraud angle or a subsequent disclaimer.  Thoughts???

 

GOURLEY LAW GROUP

THE EXCHANGE CONNECTION

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Snohomish, WA 98291

PH:  (360) 568-5065 (800) 291-8401

Fax: (360) 568-8092 

 

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