On the courthouse steps a man purchases a foreclosed house. Occupants of the house are squatters, with no legal right to be on the premises. On day of purchase man meets occupants for the first time, and he posts an eviction notice. Two months later occupants are forceably removed by the constable. At one point the squatters claim to have protections afforded by bankruptcy proceedings. That claim is proven to be false. Fair market value for rent on the property is $2,600 - $3,200. The question is: Other than criminal trespass, have the squatters commited a crime? A theft? A theft of service?
These squatters are bad people - associated with a lot of other bad people. These facts represent the tiny tip of a huge iceberg of mortgage fraud. They don't easily fit any penal statute. Any thoughts would be appreciated.
If they falsely asserted that they were protected by a bankruptcy during the forcible entry and detainer proceeding, why not aggravated perjury?
I do not think you could use criminal trespass, because I think that an occupant of a foreclosed property becomes a tenant at sufferance upon foreclosure, and must be evicted through the appropriate procedures. Similarly, I am not sure theft would apply either. I think the process of getting them out of the property is a civil matter.
Posts: 366 | Location: Plainview, Hale County | Registered: January 11, 2005