opinions on hunting foreclosed homes

[Jesse James]

I would love to get some feedback on hunting foreclosed homes. Has anyone done this without permission since they're basically corporate owned at this point?

 

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[Treasure_Hunter]

Not to get in this debate but yes people are take up residence in these foreclosures and making them their property. Something called adverse possession. Its happening in florida i seen it on 60 mins. I dont think it the hud ones though. I think its the bank owned ones. Couldnt believe it when i saw it. They were getting mansions for free legally being theirs after so long

We have had 3 squatters thrown out of homes they were squatting in in our neighborhood this past year. Squatters are parasites....


Just squatting does not constitute adverse possession...

95.18 Real property actions; adverse possession without color of title.—
(1) When the possessor has been in actual continued possession of real property for 7 years under a claim of title exclusive of any other right, but not founded on a written instrument, judgment, or decree, or when those under whom the possessor claims meet these criteria, the property actually possessed is held adversely if the person claiming adverse possession:

(a) Paid, subject to s. 197.3335, all outstanding taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality within 1 year after entering into possession;

(b) Made a return, as required under subsection (3), of the property by proper legal description to the property appraiser of the county where it is located within 30 days after complying with paragraph (a); and

(c) Has subsequently paid, subject to s. 197.3335, all taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality for all remaining years necessary to establish a claim of adverse possession.



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“A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
― James Madison
The Constitution of the United States of America

 

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[littlewheaty]

We have had 3 squatters thrown out of homes they were squatting in in our neighborhood this past year. Squatters are parasites....


Just squatting does not constitute adverse possession...

95.18 Real property actions; adverse possession without color of title.—
(1) When the possessor has been in actual continued possession of real property for 7 years under a claim of title exclusive of any other right, but not founded on a written instrument, judgment, or decree, or when those under whom the possessor claims meet these criteria, the property actually possessed is held adversely if the person claiming adverse possession:

(a) Paid, subject to s. 197.3335, all outstanding taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality within 1 year after entering into possession;

(b) Made a return, as required under subsection (3), of the property by proper legal description to the property appraiser of the county where it is located within 30 days after complying with paragraph (a); and

(c) Has subsequently paid, subject to s. 197.3335, all taxes and matured installments of special improvement liens levied against the property by the state, county, and municipality for all remaining years necessary to establish a claim of adverse possession.



Posted From My $50 Tablet....




“A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
― James Madison
The Constitution of the United States of America

Huh.. 60 min didnt show that. They just said it was happening. Thanks for posting the laws on that.

 

[cazisme]

While your in/on the Hud homes might as well take the copper pipe,appliances and any fixtures you may need. Please note they do have gps on appliances and video monitoring on homes so if your trespassing and can be identified you will probably be cited for trespassing or theft if anything is missing.

 

[littlewheaty]

Sorry bout getting off topic there which looks like we're back on topic now

 

[littlewheaty]

While your in/on the Hud homes might as well take the copper pipe,appliances and any fixtures you may need. Please note they do have gps on appliances and video monitoring on homes so if your trespassing and can be identified you will probably be cited for trespassing or theft if anything is missing.

No one said anything about going inside them. The ones i have seen have signs on the doors clearly saying no entry.

 

[Treasure_Hunter]

Trespassing is trespassing. ...

 

[Treasure_Hunter]

Agreed and not trespassing is not trespassing. If someone were going to detect a foreclosed property I think they should and can do it without trespassing but should be willing to admit there is a difference.

Obviously not......

 

[dholland02]

Its all in how u feel about it. If the foreclosure papers on the door, empty house and a bank owned for sale sign I'm hunting it.

 

[Treasure_Hunter]

I own stock, that does not mean I can walk in and take a desk or wade the pool in the corporate lobby and collect the coins thrown in, nor does it mean I can trespass on subsidiaries they own



Posted From My $50 Tablet....




“A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
― James Madison
The Constitution of the United States of America

 

[Nugs Bunny]

Government Property is not Public Property, and neither is Bank owned property, several US Government agencies own Real Property. Regardless of how one chooses to interpret the law, any real estate owned by any Federal agency is considered Government Property NOT Common Property.

Common Property (Public Property) Is property for common use like parks and creeks.

VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS - 20 U.S.C. § 107e (2012) Definitions :: Title 20 - Education :: 2012 US Code :: US Codes and Statutes :: US Law :: Justia
2012 US Code Title 20 - Education Chapter 6A Sections 107e Definitions (3) “Federal property” means any building, land, or other real property owned, leased, or occupied by any department, agency, or instrumentality of the United States (including the Department of Defense and the United States Postal Service), or any other instrumentality wholly owned by the United States, or by any department or agency of the District of Columbia or any territory or possession of the United States

Here are a few links to US Government owned Real Property.

HUD HUD Homes for Sale | Search HUD Homes Listings | Bid on HUD Homes
FDIC https://www2.fdic.gov/drrore/
IRS IRS Auction - Category Page
Treasury US Dept of the Treasury Seized Real Property Auctions
US Marshalls U.S. Marshals Service, Asset Forfeiture, National Sales List
USDA United States Department of Agriculture - Rural Development/Farm Service Agency Properties for Sale
GSA What We Sell
US dot Gov Government Sales and Auctions | USA.gov
White House dot Gov Excess Federal Properties Map - October, 2011 | The White House

And here are some for extra credit lol!

Fannie Mae https://www.homepath.com/
Freddie Mac https://www.homesteps.com/

Keep in mind a lot of lenders took part in fraudulent foreclosure practices, long story short, some of the banks doing the evictions are not even the legal owners.

 

[kurtma12]

Agreed and not trespassing is not trespassing. If someone were going to detect a foreclosed property I think they should and can do it without trespassing but should be willing to admit there is a difference.

Well, since the thread is getting lots of replies anyways, I'll throw one in the hat...

In a December 17th, 2014 post, where you posted the same basic question, you included pictures of the signs on the door. They read "ATTENTION: This property is either in the custody of or owned by the Department of Housing and Urban Development (HUD). Trespassers will be prosecuted to the full extent of the law. All representatives of approved Sales and Asset Management firms, including those authorized to perform repairs and any others, must clearly identify themselves on the sign in sheet located inside and record and explain the purpose of each of their visits to these premises."

You posed the question, and interpretted that since the sign was on the home, and not posted in the lawn, that it applied only to the structure.

It seems that an easy clarification would be to focus on words in the memo, and cross reference that with HUD's definition of the same.
For example, the word "property" in the memo, which you've defined as the structure on which the notice is posted, according to HUD is defined as:
Property (Fixture and Non-Fixture): in a real estate contract, the property is the land within the legally described boundaries and all permanent structures and fixtures. Ownership of the property confers the legal right to use the property as allowed within the law and within the restrictions of zoning or easements. Fixture property refers to those items permanently attached to the structure, such as carpeting or a ceiling fan, which transfers with the property.

So, property, by this definition, includes land.

(source: HUD - Glossary)

 

[Treasure_Hunter]

Well, since the thread is getting lots of replies anyways, I'll throw one in the hat...

In a December 17th, 2014 post, where you posted the same basic question, you included pictures of the signs on the door. They read "ATTENTION: This property is either in the custody of or owned by the Department of Housing and Urban Development (HUD). Trespassers will be prosecuted to the full extent of the law. All representatives of approved Sales and Asset Management firms, including those authorized to perform repairs and any others, must clearly identify themselves on the sign in sheet located inside and record and explain the purpose of each of their visits to these premises."

You posed the question, and interpretted that since the sign was on the home, and not posted in the lawn, that it applied only to the structure.

It seems that an easy clarification would be to focus on words in the memo, and cross reference that with HUD's definition of the same.

For example, the word "property" in the memo, which you've defined as the structure on which the notice is posted, according to HUD is defined as:

Property (Fixture and Non-Fixture): in a real estate contract, the property is the land within the legally described boundaries and all permanent structures and fixtures. Ownership of the property confers the legal right to use the property as allowed within the law and within the restrictions of zoning or easements. Fixture property refers to those items permanently attached to the structure, such as carpeting or a ceiling fan, which transfers with the property.

So, property, by this definition, includes land.

(source: HUD - Glossary)

Good post kurtma, worth reposting......

Especially this part......

"Property (Fixture and Non-Fixture): in a real estate contract, the property is the land within the legally described boundaries and all permanent structures and fixtures. Ownership of the property confers the legal right to use the property as allowed within the law and within the restrictions of zoning or easements. Fixture property refers to those items permanently attached to the structure, such as carpeting or a ceiling fan, which transfers with the property.

So, property, by this definition, includes land."



Posted From My $50 Tablet....




“A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
― James Madison
The Constitution of the United States of America

 

[metalhealth]

i read a lot of, in my opinion, twisted logic and convoluted thinking in this thread. many people i guess just dont mind fighting their way thru every aspect of life. could you prove its legal to detect a foreclosed property? probably with enough money and the right lawyer. could you prove its illegal? probably with enough money and the right lawyer. is it possible nobody would care if you detected a foreclosed property? sure but its also possible to lose your life to an angry former property owner who believes if he doesnt have the right to be there then nobody else does. or at the least end up some minor legal issue you dont need. some things in life are just not worth the hassle. a few silver coins definitely are not. imo
not trying to be holier than thou. to each his own. just saying to me its not worth it.

 

[Tom_in_CA]

reply

While your in/on the Hud homes might as well take the copper pipe,appliances and any fixtures you may need....

Hi cazisme: Yes, since the value of copper melt has risen, there's guys who will go to any place and rip out the copper infrastructure (even live electrical wire for pete's sake !) . And I see you've made the comparison between that, and us md'rs. Ie.: they "take" something. We "take" something. So .... what's the difference? We're no better than them, eh ?

If you mean "techically", then no, there's no difference. However, then let's not stop there. You and I "take something" EVERYTIME we detect any speck of public land. So since this is an automatic equivalence, do this next time you get ready to hunt the beach, or park, or school, etc.... where you live: ask someone there: "Can I take home (aka "harvest", "remove", "collect", etc...) park / beach features for my own fun and enrichment?"

I think you will find out quickly that there is a difference between the appliances, copper plumbing, etc... and coins beneath the ground that no one thinks of , or lays claim to.

 

[Tom_in_CA]

Good post kurtma, worth reposting......

Especially this part......

"Property (Fixture and Non-Fixture): in a real estate contract, the property is the land within the legally described boundaries and all permanent structures and fixtures.....

Kurtma and TH'r, yes, it's hard to argue with that, eh? Technically, you would be utterly correct. Ok, please list for me any place you detect outside-of-private land with-permission. And get prepared to be nixed-from-there. For a variety of reason which, ....... if I look long enough and hard enough, will preclude you from md'ing.

 

[wainzoid]

If a foreclosed property is being metal detected, under the pretense that it is public propery, because it is owned by the government. Then, If you feel that this makes you a partial owner, I would like to inform you that I too am a partial owner, and lay claim to a portion of what you find. If you could please post a pic of said finds, I will pm you as to which finds I want, and give you my contact info.
Could you also pick the apples and cut any dead trees into firewood, as we can share these too.

 

[Treasure_Hunter]

Kurtma and TH'r, yes, it's hard to argue with that, eh? Technically, you would be utterly correct. Ok, please list for me any place you detect outside-of-private land with-permission. And get prepared to be nixed-from-there. For a variety of reason which, ....... if I look long enough and hard enough, will preclude you from md'ing.

Tom, city parks, county parks and state parks are there for use by the public, private property is not, there is a major difference. People that ignore that and try to justify it set a bad example for new hunters and poor example to the public of the hobby..


Kemper you are no more a part owner of a property that is held by HUD than you are of a battleship or bomber bought and paid for with our taxes.






Posted From My $50 Tablet....




“A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
― James Madison
The Constitution of the United States of America

 

[FreeBirdTim]

If your elderly neighbor (who has no living relatives) died tomorrow, would you run over there and detect the property because it was currently in limbo? That's basically what you are doing. You're detecting private property that is currently unoccupied, so that makes it okay?

What about a neighbor who spends the winter months in Florida? Would that property be fair game as well? It's empty, no one's around, so why not detect it? Same thing, imo.

A property is always owned by someone. Whether it's currently owned by a person or a bank is irrelevant. It's private property and you are trespassing if you're there without permission.

 

[Treasure_Hunter]

I agree that I am part owner of the battleship and bomber but would not metal detect on either as there would be laws that would preclude me from doing so. I also would like to remind you that I am not claiming that the fact that I am part owner of a piece of property gives me the right to detect it if there is a law that keeps me from doing so. I legally hunted the piece of property that I referenced on this site. If you have something to show I didn't I am interested in seeing that. References to trespassing,battleships, and bombers are interesting as well as your reference to people being parasites but they do little in showing the legality of hunting a foreclosed property,in my opinion.

"For example, the word "property" in the memo, which you've defined as the structure on which the notice is posted, according to HUD is defined as:

Property (Fixture and Non-Fixture): in a real estate contract, the property is the land within the legally described boundaries and all permanent structures and fixtures. Ownership of the property confers the legal right to use the property as allowed within the law and within the restrictions of zoning or easements. Fixture property refers to those items permanently attached to the structure, such as carpeting or a ceiling fan, which transfers with the property."





Posted From My $50 Tablet....




“A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
― James Madison
The Constitution of the United States of America

 

[Tom_in_CA]

kemper, TH'r, etc..... Good back and forth pro's & con's. It sounds like if someone desires, they can in fact find legal prohibitions, via various definitions, that would prohibit this (sorry Kemper). However, on the other hand, if someone desires, they can probabably find legal loopholes with which to justify it as well! Or put another way: I have no doubt that it's possible to find some sort of banker, caretaker, desk-jockey, that will indeed boot you. And even have dire legal minutia to justify it!

But so too can the same be said of just about anywhere we hunt (yes, even parks specific to our use as recreation, TH'r).

Thus there comes a point where we have to admit we're in an oddball hobby, that has "connotations". And there's simply not going to be any place on earth where you can satisfy 100% of the people, 100% of the time. I certainly wish red carpets were rolled out for me everywhere (with signs saying "metal detecting welcome here", etc...). But alas, I resigned myself to realizing this isn't gonna happen