Posted on: 15th Feb, 2011 01:44 pm
My Property is in foreclosure. If someone files a adverse possession for my property and I do not dispute it would that party be able to move in it and take possession and pay the property taxes? Would he go to court and present the filing of Adverse Possession as a claim to the property?
Hi Jack,
If you do not dispute the adverse possession, then the other party can claim your property. It will be better to take help from an attorney and fight the adverse possession lawsuit in the court.
Thanks
If you do not dispute the adverse possession, then the other party can claim your property. It will be better to take help from an attorney and fight the adverse possession lawsuit in the court.
Thanks
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Great Community, respect all!
Great Community, respect all!
Jack, first mortgages are "first" because they are in line before any other liens on a property. Now, there's an exception to this rule if you don't pay your municipal/county real estate taxes, which bumps the mortgagee into second position behind the taxing authority.
I don't have familiarity with adverse possession, so cannot comment on whether such a claim would precede the first mortgage, but I'll state my opinion that it would not do so.
You can check with your state's Attorney General's office to get additional clarification.
I don't have familiarity with adverse possession, so cannot comment on whether such a claim would precede the first mortgage, but I'll state my opinion that it would not do so.
You can check with your state's Attorney General's office to get additional clarification.
