Thursday, February 16, 2012

Adverse Possession-Claiming Squatters Gain Attention In Colorado; Media Outlet Probe Finds At Least A Dozen Homes Occupied Under Dubious Circumstances

In Denver, Colorado, CBS 4 reports:

  • People are moving into vacant houses under foreclosure in some cases they are then sold or leased to unsuspecting buyers. A 4 On Your Side Investigation has uncovered at least a dozen homes in which this appears to have happened. In some cases the people living in the homes claim they have a right to the property under a little known law called Adverse Possession.

  • One such property is a luxury home in Castle Rock assessed at nearly $1 million. No one legally bought it or rented it while it was available as a short sale and under foreclosure, but 4 On Your Side Investigator Rick Sallinger found people living in it.

  • The Douglas County Sheriff’s Department had opened an investigation. A sign on the window of the property claims the house now belongs to Sergio Hernandez. Police have now arrested Hernandez on charges related to the illegal occupation of the Castle Rock residence. He is accused of burglary, attempted theft, criminal trespass and violation of bond.

  • Hernandez had already been arrested on charges of trespassing and filing false documents on another home in Larkspur.


  • 4 On Your Side started looking into this, when Aurora neighbors of Larry Asbery called to say someone had “sold” his house without his knowledge. Asbery had been in the hospital for several month, when he got out of the hospital, strangers were living in his home.

  • Asbery called Aurora police to try to get the people out of his house, but finally had to turn to a lawyer to file for an eviction. The Adams County Sheriff’s Department carried out the eviction order at the beginning of January. “I thought it was my house and all I had to do was come down and say, ‘This is my house. Get out.’ And it didn’t turn out that way,” Asbery told CBS4.

  • Asbery won back his house, but unfortunately passed away recently from natural causes.

For more, see Scheme To Steal Homes Far Reaching Across Colorado Communities.

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