The Bright Coast

Progressive Thoughts from San Diego Alums on Law, Politics, and Culture

Posts Tagged ‘california lawyer foreclosure’

Adverse Possession Advocacy?

Posted by brightcoast on April 8, 2011

Carlsbad lawyer faces disbarment for encouraging clients in foreclosure to hire locksmiths and re-enter their homes.  It’s unclear what his legal standing is. He claims that they have right to possession because the foreclosures are illegal, but clients forcibly re-entering will do nothing to resolve any potential legality, other than potentially put themselves in danger for trespassing claims and the like. It absolutely reminds me of the Adverse Possession allegory, except that in order to adversely possess, you must be acting hostile to the True Owner (TO), and if the foreclosure is illegal, that obviously means the hostility requirement is not met.

It seems disbarment is imminent.

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Posted in CA Bar, California, San Diego, The Law | Tagged: , , , , | 1 Comment »