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    hairhair's Avatar
    hairhair Posts: 1, Reputation: 1
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    #1

    Feb 11, 2009, 09:22 PM
    Squatters rights in Alabama
    I am four months behind on my house payment, our state rep. said people in danger of losing their home in Alabama should file for squatters rights. How do I do this, can it be done in Alabama?
    linnie01's Avatar
    linnie01 Posts: 7, Reputation: 1
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    #2

    Jun 17, 2010, 07:48 PM

    Ask state rep
    linnie01's Avatar
    linnie01 Posts: 7, Reputation: 1
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    #3

    Jun 17, 2010, 07:49 PM

    Rent can be as expensive as a home loan, just wait and see
    GodsFavor's Avatar
    GodsFavor Posts: 1, Reputation: 1
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    #4

    Feb 12, 2011, 11:34 PM
    Squatter's rights only apply when you have come into possession of the land or property WITHOUT the permission of the owner. In legal terms it is referred to as "adverse possession". Also if you came into possession of the property through "adverse possession", then you must have remained there for a certain number of years (5-10 depending on state laws) and after that number of years has expired you may claim squatter's rights. In the case of your house or apartment, etc. you came into possession WITH permission of the owner, hence, squatter's rights do not apply.
    However, it may be worth it to check your mortgage agreement with a fine tooth comb to see if your mortgagor breached the agreement in anyway, and thereby give you a chance to claim that they broke the agreement before you defaulted on payments. (Check if they broke the Fair Debt Collection Act in any way while attempting to collect, i.e. harassing, calling after 8pm or calling job repeatedly, and others. Read the Fair Debt Collection Act carefully, and prepare to challenge. Best wishes for keeping your home.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Feb 13, 2011, 12:11 PM

    There is no such thing as squatters rights anymore. And you would not qualify under Adverse Possession laws. I don't know what your state rep was talking about but it doesn't seem that it could apply.

    Have you tried renegotiating with your lender? There are new federal laws covering people in foreclosure.

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