Monday, December 26, 2011

Cops Pinch Two In Adverse Possession Home-Hijacking Scam; Use Of Forged Lease To Turn On Utilities Could Lead To More Charges

In Douglas County, Georgia, WSB-TV Channel 2 reports:
  • A man who told Channel 2 Action News that he could help anyone move into a foreclosed house and live for free, is now in jail. Roderick Walker filed an Affidavit of Adverse Possession for a $300,000 vacant home on Mackenzie Court in Douglas County, and has lived there for the past six months for free. He also started a Facebook page teaching others how to do the same thing, but that's not what he was arrested for. Deputies charged Walker with criminal trespassing Thursday night, saying he helped one of his clients get back into a house on Prestley Mill Road which he'd been evicted from.


  • "He'd come back in after the cleanup crews left. Went through the basement, up through the house and helped him move all his property right back in," said Douglas County Sheriff's Investigator Josh Skinner.


  • Deputies moved the belongings right back out, and charged the client that day. "If they would have just took the 3 or 4 months of rent free living as a good blessing and left, nobody would have gotten in trouble that day," said Skinner.


  • But he says Walker and the others' attempted use of Georgia's Adverse Possession law to occupy the vacant homes is not legal. He calls it fraud and says law enforcement intends to crack down on anyone using paperwork to try to claim houses they don't own.


  • "I think it's a very good way to wind up in jail," said Skinner, "We just won't tolerate this kind of behavior." [...] Walker interpreted Georgia's adverse possession law to say the house would be his if he could live in it for seven years. Investigators say a successful adverse possession cannot be rooted in fraud, but unless a neighbor or realtor calls, it would be hard to catch. Plus, many homes are in foreclosure limbo right now, making them ripe for adverse possession attempts.

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  • [Skinner] says both Walker and his client could face even more charges relating to the house on Prestley Mill Road. The power company required proof of residency and investigators believe the pair forged a lease to open an account. Walker is being held in the Douglas County Jail on an $11,000 bond.

For the story, see Police arrest man who moved into vacant home.