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View Full Version : Fraud Lease/Eviction - California


needhelp911
03-06-2006, 07:02 PM
I bought a house in Sept. '05 and because of a verbal arrangment made after the sale (not to my liking, but agreed to nonetheless), I did not get to move in until the end of the year. The first week of Jan, I was surprised to go over there to find a family of squatters living there. I called the police, but because they had been there several weeks, I was told this is a civil matter. Although the family was aware of my name as the owner, they claimed to have a lease with the 'manager'. The 'manager' they spoke of was the guy that set up the deal (not licensed, more like a middleman) and one of the partners of the previous owner of the house. Come to find out, they flip houses together.

Anyway, I informed the squatters that I have no agreement with anyone to lease out my place but they said that is not their business because they have a lease. (Albeit fraudulant...I guess that doesn't matter). I asked them to ask the 'manager' for a document that shows that he has a right to lease my property (as there is none) but he must have them under a spell because they won't question him.

Because I was getting conflicting advice, I only recently served the entired group (including the manager) the 30 day notice to quit. I heard, however, that this process of evicition could take around 3 months...and I won't be able to keep up with the payments without physical control of the property. Additionally, I'm not receiving my mail (from the lenders, etc.). According to the family in our first conversation, the 'manager' has been picking it up my mail. Per my loan agreement, my house has to be owner occupied...and I'm sure it sent a red-flag that I had to change my mailing address soas to receive my mail. Furthermore...the 'manager' says that if I keep harrassing the family, they will press charges and he will "make my life a living hell". I'm far from harrassing anyone...but if I choose that route, at this point, I think I'm entitled.

I would like to know if there is any way to speed up this process. A friend suggested looking into "quiet of title"...and if so, what is the process/costs of that move.

Thanks ahead of time!

elklaw
04-06-2006, 07:37 AM
If you bought the house, then file an action to quiet title and an eviction and fraud charges against the middleman and the alleged landlord- sue all parties basically. Ask the court to kick the squatters out as their damages should come from the party who gave them a fake lease and you may want to file criminal fraud charges and impersonating a broker against the middle man. I suggest that you visit an attorney. Anothe solution- tell the people in the house to move because it is your place, offer them one month's rent to move and sign a mutual release and tell them to go see the man who allegedly rented to them since he had no authority to rent a place that you owned. But you need to get an attorney.

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