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M$1 February 01, 2009 03:53 AM

Do you think home owners in foreclosure should stay in their homes as squatters?

Ohio congresswoman Marcy Kaptur advises people who have been foreclosed on should continue staying in their homes, do you agree?

http://www.cnn.com/video/#/video/us/2009/01/30/griffin.mortgage.squatting.cnn
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February 01, 2009 05:22 PM

This is a TERRIBLE situation. There is no easy answer. Obviously they should stay there while the process unfolds but they should leave when the lender asks them to. But NOT before the foreclosure sale, they still own that house until the Sherrif sells it.

I worked with the RTC in the '80's managing these properties, and "squatters" were a constant problem. We did not use that term. We just referred to them as reluctant.

When we had a squatter we had to evict, we had to hire a legal firm to evict them, that cost usually an other ten thousand dollars, sometimes more.

Today it would be at least 50 percent more. We were paid by YOU ( or YOUR parents ) by the US government, to manage this clean up. We were paid 125% of whatever it cost. If we assume it costs 15,000 on average to evict a squatter today, every squatter is adding almost 19,000 to OUR tax bill. And make no mistake WE the taxpayer will pay every cent of the cleanup costs.

Encouraging people to become squatters to antagonize the lenders may give you a warm fuzzy feeling, but it is like cutting off your nose to spite your face. YOU are going to pay the lender's legal bills one way or another.

 

BTW. Taking the advice of the US congress is what got us in this mess in the first place.  They are ONLY interested in getting elected. Never make the mistake ot thinking they are interested in your welfare. This applies equally to all political parties.


Source(s):
Been there, done that, got the T-shirt.

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February 01, 2009 04:04 AM
Congresswoman Marcy Kaptur has some advice for Guice and other homeowners facing foreclosure. She's basically telling them to be squatters in their own homes. "Unless they have good legal representation do not leave your home because remember possession is 90 percent of the law," says Kaptur.
Yes, they should stay in their homes.  It's a bigger problem when you get all these people out on the streets, and the possibility for them to cause bigger problems for other American people.  Although it's not something that should be prolonged, there should be a law about how long they can squat, and what this squatting entails.  It's too bad that this had to happen, but nobody should be without a place to live.  It's sad to see people sleeping out on the street.  This is not what America should be, or become, as it's people sleeping on the streets is like littering, but with a real human body.  It does not look good for tourists, for people who live there, and the people who aren't in this situation.  It's not good for society in general.  Where are these people to go? 

I agree with what Kaptur is saying. Where else should these people go? It's not like the home is going to be used for anything in the meanwhile, so why should they have to leave?
Source(s):
http://abclocal.go.com/wtvg/story?section=news/local&id=6633716


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February 01, 2009 04:17 AM
So... you are condoning illegal activity because you have a justification?

"These people need a fix, so where else should they go? It's not like these drugs are going to be for anything else, so why should they have to suffer?"

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February 01, 2009 04:26 AM
The banks get bailouts. Nobody should be without a place to live! Would you want these people out on the streets, causing problems for people? This could lead to a bigger problem for the American people. Have some sympathy in tough times!

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February 01, 2009 05:13 AM
I can have sympathy without making a bad problem worse.

To take your bank metaphor... If the banks didn't get a (legal) bailout, then you would condone the banks saying "Well, closing down the banks would be bad for America, so we'll just keep all your money."

Nah... We're a nation of law (well...we're SUPPOSED to be).

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February 01, 2009 05:23 AM
We are a nation of law, but we are a nation of people! Have you ever watched Suze Orman? She says, "People first, then money, then things." What I'm trying to get at, what's best for our people. If every other person in the world gets harmed because of this, then this would cause bigger problems. In the long run, doing what's right for people is most important. Remember, our laws are made by people, so they can certainly adjust things. Which would you rather a bunch of homeless people on the streets or having these people stay in their homes as squatters? It doesn't cause you any harm.

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February 01, 2009 05:39 PM
@drmatt: Contracts and law are not static. They can be revised when circumstances change dramatically and this seems to me like one of those situations. I don't think anyone is condoning illegality. Allowing tenants to remain in their homes seems more pragmatic than anything else. It keeps people in their homes and prevents abandoned property from becoming a public nuisance.

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February 01, 2009 06:56 PM
@dumblonde has a great point! She's right about this, as abandoned property would be a bigger issue to deal with.

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February 01, 2009 04:20 AM
People who have a mortgage signed a contract. If they are unable to fulfill their contract, there are laws about what happens. If you allow people to "squat" now, then you have to allow them to do so in the future.

I am NOT unsympathetic. These are some tough times for people. But, this does not justify breaking contracts or the law.

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February 01, 2009 04:39 AM
Where else are these people to go? Do you want thousands of people sleeping on the streets? This is not the way America should be or look. It's unfortunate to see people in a big city who are on the streets. You think a candy wrapper is bad for litter, just think a human body that stays on the streets. It's not good for people who live there, not good for tourists, and does not make our nation look good. These people should have never put themselves in this place in the first place, maybe they should have rented an apartment or something, but still, I don't want people sleeping on sidewalks or bundled in blankets everywhere in a city. It's not good for the health of the people who have to live in the city to see others in turmoil or pain.

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February 01, 2009 05:17 AM
Of course, homelessness is NOT desirable and has a number of negatives... but there are some uses/benefits to homelessness.

One benefit is for these people to use their noodle a bit more when taking loans they can't affort. Another benefit is to bring to light how unscrupulous these lenders are...

Another benefit is to bring some funding to create more homeless shelters (of which I worked for one for three years).

Saying that we should allow squatters whose homes were foreclosed because homelessness is "ugly"? I don't think so...

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February 01, 2009 07:11 AM
I am with you drmatt on this one.
I happen to work in a real estate law firm that specializes in foreclosures and I don't think I am an unsympathetic individual. People have been living beyond their means for too long and blaming the banks that gave them the huge mortgage ignores the fact that as a homeowner people need to be personally responsible. Buying a $1000 TV you can't afford is one thing, but buying a $500,000 home is another.

Is it bad that people are out of a home? Yes, of course. The problem is that they probably shouldn't have been there to begin with. The fact that the word savings is nearly out of our vocabulary is the real problem. I don't want to see other people suffer, but I also don't want to have a problem getting a mortgage because other more (financially) irresponsible people messed up the system for me. Having a house is a privilege, not a right.

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xds xds
 
February 03, 2009 05:31 AM
@ssharon

I have to disagree with you there, if you believe people have been living beyond their means for a long time then the banks should share equal blame.

...Glass houses.

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February 01, 2009 05:22 AM
I don't think this is a simple yes/no answer. In California right now, the foreclosure process can take five-six months, even proceeding at a normal pace. If you figure that usually people are behind in their payments three-six months before the paperwork even starts, you're looking at about a year for the process. During that time, the people can legally stay in the house. After the foreclosure concludes, they need to work out a deal with the new owner if they want to stay - BUT...
I have seen some communities where I would guess squatters would be welcome. Brand new communities with homes selling for $700k+ now have mainly unoccupied homes. The ones that have been foreclosed upon - or are on the market - are selling for less than $300k, if sell at all.
From the perspective of the banks that own these empty homes, and the neighbors who are still living in the homes between the empty ones, I would prefer a squatter taking care of the home. The empty homes are magnets for the homeless, vandals, and thieves who rip the houses off for their appliances and copper. This makes the value in the neighborhood go down more yet, and more home owners walk away from homes they can never hope to come out ahead on.
It's not as simple as "pay your bills or get out." Many people bought these homes while they were able to afford the payments, but didn't have the gift of foretelling. They didn't know they would lose their long time job, that their pension would go away when the company for which they worked went bankrupt, or some emergency illness was the final straw.
In some cases, then, I'm open to "squatters", so I won't say an absolute "no" to the question. It may be in the best interest of the bank, the neighborhood, and the squatter to stay.
That said, if a person buys a home - on the market or at foreclosure - legally, it should be theirs to do with as they wish. In this case, squatters need to go, unless they can work out a deal with the new owners to rent. In this current situation, I admit I'd probably check out a house closely to see if it was inhabited or vandalized or damaged before buying. But if I was a private person who had sold the home and kept the note on it, then the people quit paying and I went through the foreclosure process, I would want to move on with making the home pay for itself again - and I should have that right. In this case, I'd have to say "no" to the question. We are a nation of laws.
Every foreclosure we've dealt with has had its own set of facts. We get in trouble - and lose opportunities - when we try to make one size fit all.
Source(s):
I'm licensed CA real estate broker, as is my husband. He is also a general contractor. We deal in "hard money" loans - and foreclosures for private investors.


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February 01, 2009 05:25 AM
I totally have to agree with easyeboy on this one. Especially in cases where it's a landlord/tenant situation. Many families are living paycheck to paycheck these days. What would you do if you were only making $20,000 a year and were told that you had 30 days to move because your landlord didn't pay the mortgage?

Heck yeah, if I had no where else to go, I would stay in the house until threatened with being arrested. Not all people have family and friends they can stay with, much less afford to move.

And, once the people are kicked out, no one can get a loan to buy the house anyway! So it would sit and rot. The banks should try to get a buyer for the house and collect rent on it, so it doesn't sit there for 5 years not making the bank any money.

Too many ideas are in my little brain right now about all this, and not sure any of it is coming out how I want.

Yes. Squat. :-)

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February 01, 2009 07:09 AM
Yes. They should be allowed to stay there until the bank that repossed the home finds a buyer, as long as the squatters are taking good care of the home.

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xds xds
 
February 01, 2009 05:24 PM
Disgusting, Distasteful, and all around ridiculous.

People should not only start squatting but get together with other people in the same boat and threaten restitution.

The mortgage agencies and banks have not been taking proper responsibility for there actions and should be held accountable.

What most banks have been doing is not only immoral but also against local and international law.

I think i see the sun.

....Oh wait that's just American homes burning to the ground in a miraculous bonfire.
Source(s):
Common sense.


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February 01, 2009 05:37 PM
It is actually in everyone's best interest to have foreclosed owners stay in their homes. Abandoned homes diminish property values and we're talking about homes that are going to be left vacant with little to no chance of being sold. Keeping owners in foreclosed homes keeps the property vales up and prevents the slew of problems associated with homelessness.
This is not to say that they should be allowed there indefinitely but measures such as this along with debt restructuring and forgiveness will help the situation more than causing major issues for the sake of upholding a contract.
While contracts are meant to be upheld as law that doesn't keep them from being revised for fairness and applicability especially if the conditions change (rebus sic stantibus).

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