There is a misunderstanding that squatters can walk into foreclosed homes which are vacant and end up the owner of the homes. What squatters refer to concerning extra-legal possession of homes actually refers to the legal concept of adverse possession. Adverse possession deals with openly and notoriously being in possession of property, in the State of New York, for a period of ten years. In the appropriate circumstances, should the squatter live openly and notoriously in the vacant home for ten years, they can claim ownership of the property.
Squatting Equals Trespassing
The theory of adverse possession actually deals with property boundary disputes. Under adverse possession theory, the boundary between neighboring properties can be changed if one owner has utilization of the other owner’s property around the boundary line for a period of ten years.
Squatters sneak into homes when no one is around. This is usually undertaken by vagrants or homeless people. Adverse possession of the home can only be claimed if the squatter lives openly and notoriously for a period of ten continuous years in the residence.
What most squatters are doing is trespass on someone else’s property. Sometimes during foreclosure cases, homes are vacant for a period of time. This period of time will usually not last ten years, the period of time necessary for a squatter to claim open and notorious adverse possession rights to a property.
Former Owners Remaining in the Home
In a foreclosure proceeding, the home in the State of New York can be sold on the courthouse steps. At the time of the sale, the homeowner whose home is being foreclosed upon will most likely still be living in the home. After the sale takes place, the new owner of the home can bring a landlord tenant case to evict the former homeowners from their home. The failure of the homeowners to move from the house after it is sold, in foreclosure, does not create an adverse possession situation. Eviction proceedings can be time consuming. During the course of the eviction proceeding, the former homeowners would be entitled to stay in their home until such time as the court grants an order forcibly removing them from the home.
Conclusion
Squatting in an abandoned, foreclosed home and creating ownership rights based on the legal theory of adverse possession is unlikely to happen!
