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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[Nugs Bunny]

If HUD is listed as the legal owner as you referenced and I highlighted it makes no difference if HUD is in the process of selling the home or not as it relates to trespass on an un-posted and un-restricted lot.
The rest of your post is opinion that you have a right to but you have shown nothing to base that opinion on. I would agree that a person should not detect a yard that would require permission unless they had permission. Under your logic a person could face criminal trespass for throwing a frisbee in a yard of a home as you described. I don't agree with your logic.

Will also add that your reference is clearly stated as for owner occupants,investment purchasers and buyers. It also states that it is reference to homes that are being viewed while listed for sale. The latter parts are listed as for buyers. While nothing in your reference prohibits metal detecting...

So now it doesn't matter if they are in the process of being sold? You honestly believe that until the sale is final you own the yard and HUD owns the house and the buyer is just outa luck? Considering ALL citizens are equally entitled to use public property explain how the buyer is exempt from use of the yard, but you are not.

What gives you the idea it's unrestricted? Mere opinion on your part. One who is LEGALLY purchasing said property is not granted access until the sale is final. I would considered that restricted.

In your opinion my reference does not apply to you as you claim it's intended for buyers not detectorists. The lot of said residence is also considered property, one who occupies said property without consent is trespassing.

So the house is off limits but the yard is come one come all? Even in a warped reality that makes no sense.

I'm sure if one contacts HUD directly they will be informed that metal detecting properties owned by them is indeed trespassing. Your tax payer status give you as much claim to government property as non tax payers.

In Court words have literal predefined meanings, words like occupy, posses, property, access all have specific meanings. You can distort them all you like here but in the Courts you're not going to get far. Real Property includes the lot and any dwelling, that's the legal definition. Beyond the taxpayer theory, what else gives you claim to Government property?

What about the original owners? Nothing in the news about them getting charged with trespassing for returning to their home? I called it earlier, you just want to argue about something and this is the current topic.

Don't worry I will call HUD personally and confirm the fact the you are indeed trespassing. But I'm sure you will distort it however you wish to determine it does not apply to you... the taxpayer.

 

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[FreeBirdTim]

I am not willing to pass on a piece of property because someone may see it as looking bad for the hobby but will try to minimize that aspect

You (and others like you) are the reason why I get harassed on a regular basis when I metal detect. You have total disregard for the rights of others, just so you can dig a Merc or some other two dollar coin. You can argue here ad nauseam, but you will still be in the wrong.

Your twisted logic that HUD properties somehow belong to you is ridiculous. You will eventually find this out when the mean old police officer handcuffs you while you repeat your HUD theory to him over and over. "Really, officer, I am part owner of this property because it belongs to HUD"! Let's hope someone is there to shoot a video so we can all see you argue all the way to the police station!

 

[lookindown]

You (and others like you) are the reason why I get harassed on a regular basis when I metal detect. You have total disregard for the rights of others, just so you can dig a Merc or some other two dollar coin. You can argue here ad nauseam, but you will still be in the wrong.

Your twisted logic that HUD properties somehow belong to you is ridiculous. You will eventually find this out when the mean old police officer handcuffs you while you repeat your HUD theory to him over and over. "Really, officer, I am part owner of this property because it belongs to HUD"! Let's hope someone is there to shoot a video so we can all see you argue all the way to the police station!

What are you doing to get harassed on a regular basis? Ive been detecting for five years and have never ben harassed...Ive detected everywhere...beach, parks, sports fields, tot lots, empty lots, etc.

 

[lookindown]

Here in Florida you cant be charged with trespass if the property is unfenced and un posted...you have to first be given a warning, if you remain on the property or come back a second time, you can then be charged with trespass...if not, you could charge a girl scout for coming on your property to sell cookies...you can be charged with trespass if its posted, or agricultural field, construction site or you have a firearm, the first time you go on it...not saying I would use this loop hole to hunt a property but many people are not aware of how these laws work...when people say you will be arrested for trespass for detecting some ones property without permission, that's not always how it works...hard to believe...look up the Florida law if you don't believe it...I haven't looked up laws in other states.

 

[Tom_in_CA]

Kemper, it looks like nugs-bunny got ya on some good legal minuita in post #123. And when you add "digging up the yard" (since that's certainly what all us md'rs do, isn't it, is "dig up" places, eh ?), then he's really got ya in a pickle.

Add to that, if he were to follow through on calling HUD to " ...personally and confirm the fact the you are indeed trespassing." You know full well he can no doubt find someone there to say it's utterly disallowed (especially when "digging up yard" is shown as the intent of the trespasser). So while it's been a valiant effort on your part, I'm afraid the technicalities got ya Kemper buddy

So how about conceding the point, and going on to another tactic: The tactic of the "does anyone *really* care?" test. Because you are NOT "digging up the yard". And odds are (let's be serious now) if those places are in a true state of limbo vacancy, over-grown, neglected, etc.... then .... seriously now, you'd probably just be ignored. Notice I am not saying this is "legally right". (Nor is any park hunting any of us do going to legally pass every single question that could be posed at it). But I am just saying it is a far cry from tromping on someone's lived in house, by a personal owner (versus a govt. agency 300+ miles away).

 

[Tom_in_CA]

And Kemper, you say: "...Now someone is saying they are going to call HUD and confirm I was trespassing yet they are not seeking any proof of that are not stating they intend to show any." You've got to remember, that in most people's mind's eyes, if they can find someone in authority, that says "you can't do that", then in their mind's eyes, that IS authoritative law. And at first blush, that does appear to be bullet-proof, doesn't it? Afterall, you can't argue with an answer straight from some HUD lawyer/legal-beaver, CAN YOU ? haha

All I can say to this is, that if we take that test of things out to its logical conclusion, then so too are we all in a big heap of trouble, everywhere we hunt. I bet there's not a speck of public land that nugs-bunny hunts, that I too couldn't find someone in a position of authority, that would tell him he can't do that. Afterall, he's "digging up" the parks, right? He's taking things, removing, harvesting, collecting, altering, disturbing, defacing, etc.... right? And then I just pepper the question to the authority with key phrases like "holes", "liability", "indian bone", "cultural heritage", and I bet I can find a "no" anywhere ANY of us hunts.

But again, I'm saying this to argue the point that HUD vacant yards are ok. I'm just sayin' .....

 

[Tom_in_CA]

Certainly he would not tell someone I were digging in a lot. Where would he have any proof of that? .....

It's too late Kemper. We have you on video, with a leshe in your hand ! Besides, it's common knowledge that the automatic definition equivalence of "md'ing" is to "dig and destroy". Hence it really doesn't matter whether we had the video proof or not, since it's just a known fact that md'rs "dig up every place they go to". You're sunk.

 

[Treasure_Hunter]

Trespassing is still trespassing, fence or no fence, signs or no signs...



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

 

[Treasure_Hunter]

Not trespassing is still not trespassing.

So tell me since your "part owner" of HUD property you can dig up the plants, bushes and trees and take them home, after all your part owner?... Maybe the fence too, after all your "part owner"? Any flower pots sitting on the steps are yours too, after all your " part owner".... That flower garden has a small fountain in it, may as well load it up, after all your "part owner" so its yours, after all there is no specific law saying don't steal the plants, bushes, trees, fences, flowerpots, or fountain.

Oh and that notice on the door didn't say no stealing the plants, bushes, trees, fences, flowerpots, or fountain so their yours too. While there may as well cut the sod and take it to after all your "part owner".....



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

 

[Treasure_Hunter]

Why do you want to know ?

That answers all the questions....



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

 

[T.C.]

Tsk..tsk..tsk....when you start losing an argument, always resort to name calling

I find it somewhat odd that I have researched and could find nothing that would restrict me from hunting the HUD lot that I detected. I then opened up a thread on the # 1 metal detecting site in the United States and no one could produce anything that would prohibit me. I then became heavily involved in this person's thread and still nobody has produced any thing that shows I was restricted from metal detecting the lot I detected. Now someone is saying they are going to call HUD and confirm I was trespassing yet they are not seeking any proof of that are not stating they intend to show any.

I can just picture some of you putting the batteries in your detector thinking you are loading ammo into a weapon getting ready to shoot targets on the ground. Maybe you have a holster belt that holds a pinpointer on both sides of your John Wayne body. If I were trespassing on that lot a lady pushing a baby stroller on the sidewalk and walking in the yard to change a diaper under the shade tree would be trespassing also. If it were any of you I hope you didn't get any stains on your pinpointers and start crying. What a bunch of Sissys.

 

[Escape]

A bunch of sissys! You got to love Kempler. I'm waiting now for someone to post that they don't fill in their holes at the beach.
.

 

[Treasure_Hunter]

A bunch of sissys! You got to love Kempler. I'm waiting now for someone to post that they don't fill in their holes at the beach.
.

I fill all my holes deeper than few inches at the beach above the water line.... Looks bad for hobby to leave them uncovered and could cause someone to hurt their ankle or leg if they stumble in open hole while running....


Kemper abbreviations to bypass language censor still violates our rules, please don't do so...


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

 

[Escape]

I fill all my holes deeper than few inches at the beach above the water line.... Looks bad for hobby to leave them uncovered and could cause someone to hurt their ankle or leg if they stumble in open hole....

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

I always kick in a little sand into the whole. I don't try to make it look perfict. Just better. As a rule I can't walk by a peice of glass or something sharp without picking it up. Dug up or on the surface.

 

[Treasure_Hunter]

I always kick in a little sand into the whole. I don't try to make it look perfict. Just better. As a rule I can't walk by a peice of glass or something sharp without picking it up. Dug up or on the surface.

I drag the sand back in to it till it is at least within a couple inches of surface. I remove ALL glass or sharp objects I find or see as well.

It is true next high tide will cover hole but it gives our hobby a bad name to leave them open and only takes a few seconds to cover..



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

 

[Treasure_Hunter]

I thought this thread was about foreclosed homes. Don't tempt me to post a picture of my little puppy,Misse. If I do I will get a shot of her on a foreclosed property. Did you know that a puppy can not be cited for trespassing on a foreclosed property ? And a person can not be cited either if they were retrieving something that is not natural or listed as part of that property such as my puppy.

Plants, bushes, flower pots, fountains are not natural or listed, all were left by previous owner. .



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

 

[lookindown]

I drag the sand back in to it till it is at least within a couple inches of surface. I remove ALL glass or sharp objects I find or see as well.

It is true next high tide will cover hole but it gives our hobby a bad name to leave them open and only takes a few seconds to cover..



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

I do the same in the wet sand.

 

[lookindown]

Trespassing is still trespassing, fence or no fence, signs or no signs...



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

I agree, even though sometimes you cant be charged for it, going on private property without permission is still trespass.

 

[FreeBirdTim]

What are you doing to get harassed on a regular basis? Ive been detecting for five years and have never ben harassed...Ive detected everywhere...beach, parks, sports fields, tot lots, empty lots, etc.

I mostly get harassed at baseball fields. Old busybodies who think I'm breaking the law (I'm not), mothers who don't want their precious rug rat to break an ankle in one of my "holes" ( I ALWAYS replace the sod) and so on. Basically, people who think baseball fields are for them and their kids to use and not for the general public to use.

Let me also state that I never detect a field during baseball season. I may detect around the perimeter of the field, but never on the playing field. When the season is over, that field is fair game, though. I also stop detecting fields in early March, when they start getting the field in shape for the upcoming season.

 

[Escape]

If you detect foreclosed homes without permision, make sure you fill in the holes because two wrongs do not make a right.