Wednesday, May 4, 2011

Another Adverse Possession-Claiming Crackpot Bagged For Changing Locks & Moving Into Vacant Home; Faces Charges Of Grand Theft Of $100K+, Burglary

In Tampa, Florida, The Tampa Tribune reports:

  • For the second time in recent months, Yvette Swain moved into a vacant Hillsborough County home without the property owner's permission, authorities said. Deputies arrested Swain, 41, late Tuesday on warrants for grand theft of $100,000 or more and burglary of an unoccupied dwelling.
  • In the first instance, Swain moved into a Dover house after a company called Chateau Lan took possession of it, citing Florida's adverse possession law. That law allows a person to take possession of abandoned property if he lives on it and pays taxes on it for seven years. Homeowner Danuta Brown moved back into that four-bedroom, three-bath house property after a costly, four-month ordeal.
  • After the legal battle, Swain moved out of Brown's home in December and into an apartment, Hillsborough Sheriff's Office spokeswoman Debbie Carter said.
  • Months later, Swain and her family moved into a vacant Valrico house, Carter said. Just one problem, authorities say — Swain did so without permission and without owning the property, investigators say. Carter said Brown moved in and changed the locks after seeing the home for sale.
  • A real estate agent had "For Sale" sign in front of the house at 13409 Sydney Road. Neighbors told the agent in April that someone had moved in. The agent went to the property, saw the sign was missing and that the home's locks had been changed. On April 10, he contacted deputies.
  • He told authorities the home wasn't being foreclosed upon and was in the process of a short sale. No one was home when deputies responded April 10, but 10 days later deputies spoke to Swain. She said she had lived in the home for three weeks and had been in the process of legally claiming the property under adverse possession, Carter said.
  • After deputies spoke with the state attorney's office, a warrant was issued for Swain's arrest. She was charged because the home wasn't in foreclosure, it had a rightful property owner and was in the process of being sold, Carter said.

Source: Move into vacant house results in arrest. home hijacking

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