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Not so easy to squat in Florida anymore

&NewLine;<p>There are some portions of our legal system that just do not seem right&period;&nbsp&semi; I still am dumbfounded by the fact that folks steal and sell a person’s home – or borrow against it &&num;8212&semi; without their knowledge and get away with it&period;&nbsp&semi; That does not seem right&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>In another real estate matter&comma; homeowners have been frustrated and damaged by squatters who take over a person’s home and refuse to leave&period;&nbsp&semi; There are several types of squatters&period; Those who literally and illegally break into a person’s home and refuse to leave&period;&nbsp&semi; Others are non-related people who may have been invited to stay in the home but are no longer welcomed&period;&nbsp&semi; Others are renters who cease paying the rent – or even folks who stop paying the mortgage&period;&nbsp&semi; &lpar;FYI&comma; the mortgage holder is the actual owner&period;&nbsp&semi; They hold titles&period;&rpar;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Florida has passed a law to address most of these issues&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>For the sake of brevity&comma; I will not go into the multitude of examples of the problem&period;&nbsp&semi; They are horrific – and there are scores of them easily found by a quick Internet search&period;&nbsp&semi; Let us just stipulate that it is a very big problem&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The problem has become so huge that it has created a market for companies that can be hired to &OpenCurlyDoubleQuote;encourage” squatters to leave the premises they illegally occupy&period;&nbsp&semi; In some cases&comma; the squat-busters move in with the squatter and make their lives something between uncomfortable and miserable&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>It makes no sense that a homeowner should have no power over a person seizing ownership – or borrowing against the equity – of a home they do not own&period;&nbsp&semi; Or from people residing in a home without authority&period;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The solution is simple – theoretically&period;&nbsp&semi; The homeowner asks the person to leave&period;&nbsp&semi; If they do not&comma; they call the local sheriff and file a criminal trespassing charge&period;&nbsp&semi; After an immediate assessment of the facts&comma; the squatters are told to leave&period;&nbsp&semi; If they do not leave&comma; they are arrested and physically removed&period;&nbsp&semi; The entire process should not take more than a day or two&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>If an abusive spouse can be arrested and removed on the spot &&num;8230&semi; or if a burglar can be arrested and removed immediately &&num;8212&semi; why not the abusive squatter&quest;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>What cockamamie laws shift the constitutional property rights from the owner to the squatter&quest;&nbsp&semi; Weeell &&num;8230&semi; the laws come under headings like &OpenCurlyDoubleQuote;squatter rights” and &OpenCurlyDoubleQuote;adverse possession&period;”&nbsp&semi; The latter is a legal concept that enables a person to gain control of someone else’s property by squatting openly and continuously without the owner’s permission&period; There is often an established time requirement&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The manner in which laws are written and enforced can lead to long&comma; even years&comma; of litigation to have an unwanted squatter removed&period;&nbsp&semi; Laws like breaking and entering&comma; fraud&comma; forgery&comma; vandalism and theft are rarely enforced in such cases&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Squatters are smart&period;&nbsp&semi; They know the laws&period;&nbsp&semi; They know that to get evicted&comma; the owner will have to spend huge amounts of money on lawyers and court costs – while losing even more from rent&comma; the inability to sell the property and the loss of their own use&period; Owners are still required to pay mortgages&comma; utilities&comma; etc&period;&nbsp&semi; In many cases&comma; owners simply pay large sums of money to the squatters to get them to leave&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>So&comma; who supports the laws and procedures that enable squatting in defiance of a person’s constitutional rights&quest;&nbsp&semi; Who champions the false theory of &OpenCurlyDoubleQuote;squatter rights&period;”&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>If you think that it must be those folks on the far left&comma; you are right&period;&nbsp&semi; For them it is not a matter of constitutional rights&comma; but their generally perceived conflict between the &OpenCurlyDoubleQuote;haves” and the &OpenCurlyDoubleQuote;have nots&period;”&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The pro-squatter coalition includes leftwing politicians and political activists&period;&nbsp&semi; They claim that property ownership should not take precedence over alleged &OpenCurlyDoubleQuote;human rights&period;”&nbsp&semi; It is a matter of &OpenCurlyDoubleQuote;social justice” – and other terms that obfuscate the facts and arbitrarily create &OpenCurlyDoubleQuote;rights” that do not exist under the law&period;&nbsp&semi; In fact&comma; it is a violation of the legitimate rights of homeowners and landlords&period;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>These are the same folks who have created the homeless crisis that is plaguing major cities while doing little to help the homeless – and the same people who advocate for criminals as victims&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Florida has recently passed a law that reinstates the rights of homeowners&period;&nbsp&semi; It provides for the immediate removal of anyone who does not possess a lease on the property from the owner – with additional penalties for producing a fraudulent lease&period;&nbsp&semi; It also adds criminal penalties for fraudulently acquiring&comma; selling or leasing the personal property of another person&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>That seems logical&period;&nbsp&semi; One can only wonder why that has not been the case or the practice for so many years&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>This is just another reason why so many folks are moving to Florida&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>So&comma; there &OpenCurlyQuote;tis&period;<&sol;p>&NewLine;

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