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Re: Opinions posted here

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January 07, 2002 01:04PM
This has always been confusing because it is a very unusual situation.

Real estate records would be verified at either the recorder's office or the tax collector's office, not the courthouse. The parcel number for the building and ownership can be verified. We have been able to verify the parcel number and ownership at the tax collector's office and at the county's website. The county's website, however, has been recently changed where they do not indicate the owner's name on any property.

The ownership is considered a possessory interest because the records show the building with the right to use the 40 acres which is still owned by Fred Moss. It really should go to court because the judgment states that Fred Moss has no right to the building or the land. However, the tax assessor created the parcel number only for the building with the right to use the land.

DCHS, Inc. paid several years of taxes in 1998, over $200. Since that time, Fred Moss and DCHS, Inc. have paid the taxes. This is Fred Moss' attempt to try to gain adverse possession. However, there are several conditions necessary to gain adverse possession as we have stated before.

1. Under claim of right. (Fred has none)
2. Continuously occupying the building for five years (Fred has had tenants in the building for over five years) peaceably (there has been constant threat of violence), openly (Fred Moss has used deception referring to the Apple Valley Ranch and using 6221 Bowen Ranch Road as the address) and notoriously (yes, it has been notarious).
3. In opposition to the true owner. (true)
4. Payment of taxes (which DCHS, Inc. has paid)

We have not evicted Mike Castro because Fred Moss has stated that he will sue and we believe that he will. We feel that before we take this action, we would need to be prepared for that very real possibility. Since the ownership is in DCHS, Inc., a corporation, there is a state law where we would be required to hire an attorney.

I have received quotes of anywhere between $10,000. to $30,000. for legal fees. I am not this rich. However, we are working on obtaining the funding needed to cover this contingency.
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