Accused Central Florida Vacant Home Hijacker Bagged Again On New Charges; Vows To Continue Snatching Homes, Claiming Adverse Possession Defense

In Lutz, Florida, the St. Petersburg Times reports:

• At lunchtime Wednesday at the Royal Lanes bowling alley, fugitive task force deputies and U.S. marshals moved in on their suspect: 60-year-old Joel McNair, a smooth-talking felon who, authorities say, just can't quit the con. McNair had warrants out for scheme to defraud and grand theft in Sarasota and Manatee counties, where he's accused of finding empty homes in foreclosure and renting them out — even though he didn't own the properties.

• The Sarasota Sheriff's Office said McNair cited a centuries-old legal concept called adverse possession. Chapter 95 of Florida Statutes spells out how someone can take possession of a property through squatter's rights.(1) The law requires that a person occupy the property for at least seven years and fulfill other legal requirements, such as paying taxes on the property, in order to obtain ownership.

• "I will continue until someone can show me that I'm breaking the law," McNair told the Sarasota Herald-Tribune earlier this week while he was out on bail from a November arrest on similar charges. "But until then," he said, "I'm going to keep on going."

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• McNair told the Herald-Tribune his company has at least 11 houses in Sarasota County and about 60 in counties from Pasco to Charlotte. Kevin Doll, spokesman for the Pasco Sheriff's Office, said the agency is investigating the matter. As of Thursday, McNair faced no charges in Pasco.

• "We have had that same scam tried in our county before," Doll said, referring to the February arrest of Stephen Bybel, a 49-year-old who set up a company called Real T Solutions LLC, with the listed purpose of being a "short sale specialist; legally and ethically working with distressed home owners."

• Bybel is accused of claiming squatter's rights on 72 properties in Pasco. When he was arrested and charged with scheme to defraud, Bybel was actively renting 31 homes, authorities said. His trial is slated for March 21.

For more, see Felon accused of home fraud in Florida squatter's rights case.

(1) See:

• Ch. 95.16, Florida Statutes: Real property actions; adverse possession under color of title, and
• Ch. 95.18, Florida Statutes: Real property actions; adverse possession without color of title.