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March 23, 2009

Overheard in Twitterland

From a resident of Quincy Street in Bed Stuy: "Spent hours last night convincing cops that men breaking in to house next door were not owners - no arrests but they all left."




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Hey, that was me, quoted above. And this is a really serious issue. We have a foreclosed house next door owned by Deutsche Bank National Trust, the realtor is a small local shop hired by the bank's agent (a law firm in Philly).
On thursday night we heard someone break in, then saw flash lights upstairs so called the cops. Cops came but, as the would-be squatters wouldn't come to the door, (!!) they left without doing anything. Friday night, same time -- 10:30 -- a Budget rental truck pulled up outside and a bunch of people started trying to move stuff in. Before they were able to get the door open I ran outside and asked to see their realtor credentials (I knew the place had not been sold as I had been speaking to the realtor only two hours previously). An older dude waived a print out from property shark and claimed it was the deed!! Younger dudes told me to go fuck myself. Nice!! I explained that the realtor had asked us to keep an eye on the house, and if he had actually bought it, I apologised in advance but joked he should think himself lucky to have bought a house in a street where people actually give a shit.
Anyway, I was again told to go fuck myself, so I called the cops, who arrived en masse -- three squad cars and two under covers. The under cover guys were bristling for a fight while the uniforms just tooled around on the pavement. I explained to the under covers that the house had not been bought and that the guys were actually breaking in. After checking the older dude's property shark print out the undercover cops declared: "Well he seems pretty legit to me". At which point I told them that the house had been locked up by the US Marshalls Service last week and that anyone who bought the house would have a receipt saying that the lock had been removed. At this point the under cover lost his temper and said "look buddy, dont go telling me about the law, this all seems a bit civil to me. I'm out of here." At this the squatters actually whooped and high fived. All our neighbours had come out by now, including our block president -- who is also president of the police community board. We were all telling the cops that the house had not been sold and that these men were breaking in, but they still seemed disinclined to help. I was meanwhile calling and calling the realtor without any luck -- it was now nearly midnight on a friday after all. In the end the undercovers came back from their cars after calling to the precinct and decided that the would be squatters should leave and bring the deeds to the house down to the precinct in the morning, at which point they would be allowed access to the house. Of course they left never (yet at least) to be seen again.
Surely there must be some sort of procedure the cops could follow to establish whether someone has legal access to a vacant property. And if not we should work together to establish one. Any thoughts?

Posted by: jamesdoran at March 22, 2009 6:04 PM

Not sure what's scarier: The fact that this is happening or the cops' complete inability to deal with it.

Posted by: brownstoner at March 23, 2009 10:02 AM

Do yourself a favor-- Mind you own business. If it does not effect you directly then leave it alone.

Adverse possession

http://en.wikipedia.org/wiki/Adverse_possession

Adverse possession is a concept in law which concerns title of a real property.
In common law, adverse possession is the process by which title to another's real property is acquired without compensation, by holding the property in a manner that conflicts with the true owner's rights for a specified period of time. Circumstances of the adverse possession determine the type of title acquired by the disseisor (the one who obtains the title as a result of the adverse possession action), which may be fee simple title, mineral rights, or other interest in real property.

Adverse possession's origins are based both in statutory actions and in common law precepts, so the details concerning adverse possession actions vary by jurisdiction. The required period of uninterrupted possession is governed by the statute of limitations. Other elements of adverse possession are judicial constructs.

The What

Someday this war is gonna end...

Posted by: Return of The What at March 23, 2009 10:07 AM

are they causing any trouble? it seems like a weird situation. isnt there something called "squatters rights" tho? were they moving actual furniture in?

*rob*

Posted by: PitbullNYC at March 23, 2009 10:07 AM

"Not sure what's scarier: The fact that this is happening or the cops' complete inability to deal with it."

I told you this was going to happen Brownstoner and everyone laughed at me....

The What

Someday this war is gonna end..


Posted by: Return of The What at March 23, 2009 10:09 AM

Hey What....

"Do yourself a favor-- Mind you own business. If it does not effect you directly then leave it alone."

Everyone's a lawyer because they can google Wikepedia.

Posted by: daveinbedstuy at March 23, 2009 10:11 AM

> "If it does not effect you directly then leave it alone."

Given that this was next store, I'd say it does affect the person directly.

Posted by: SnarkSlope at March 23, 2009 10:12 AM

You guys are insane if you think anyone should be able to just break in to a house while it's in the process of being sold and call it their own. As for minding your own business if something doesn't affect you? Wouldn't having a bunch of scammers and thieves with no stake in a property moving in next door to you affect you? Crazy talk.

Posted by: brownstoner at March 23, 2009 10:12 AM

And, What, just because you said this would happen does not make it either legal or something that should be tolerated. Schadenfreude on your part is one thing--advocating illegal activity is another.

Posted by: brownstoner at March 23, 2009 10:14 AM

No I wasn't breaking and entering officer, I was just trying to adversely possess the property

Posted by: dittoburg at March 23, 2009 10:16 AM

"You guys are insane if you think anyone should be able to just break in to a house while it's in the process of being sold and call it their own. "

Adverse possession Brownstoner, it's the law. Guess what? It will become more popular when every thing goes Tango Uniform. Just the sign of things to come.

Plus what if those guys pulled a weapon and seriously wounded jamesdoran?? He would've been in intensive care or dead and for what? Sometimes it is, what it is...

"Everyone's a lawyer because they can google Wikepedia. "

Dave I told everyone here this was going to happen, prior to you.
The What

Someday this war is gonna end.

Posted by: Return of The What at March 23, 2009 10:21 AM

You're not a lawyer; your googling skills aside, What, so STFU.

Posted by: daveinbedstuy at March 23, 2009 10:24 AM

Adverse possession is *extremely* difficult to do and rarely upheld in the courts.

Posted by: InsertSnappyNameHere at March 23, 2009 10:27 AM

What - you have no idea how adverse possession works in NY. Why don't you look up the uninterrupted possession period and see if thats gonna work for you. I think not.

Posted by: dittoburg at March 23, 2009 10:28 AM

"And, What, just because you said this would happen does not make it either legal or something that should be tolerated. Schadenfreude on your part is one thing--advocating illegal activity is another."

What Schadenfreude, Brownstoner? I am stating a legal fact! Do you know the circumstances? Do you go over to the property, bang on the the door and get the other side of the story? These people may own this house! Maybe James Jordan is a sore loser because he could not buy this house. We do not have all the facts.

"No I wasn't breaking and entering officer, I was just trying to adversely possess the property"

As funny as it sounds you will see more of it.

The What

Someday this war is gonna end...

Note: Schadenfreude has been replaced with scared to death for me...

Posted by: Return of The What at March 23, 2009 10:29 AM

What...you've been missing a stock market rally the last 2 weeks. Being too early (as were your doom and gloom posts back in 2006) and being now too late are the same as being wrong.

Posted by: daveinbedstuy at March 23, 2009 10:34 AM

Oh goody! I am going out now to walk the streets and look for a house I can adversely possess. Bye bye, MM! Now where can I adversely possess some new furniture?

By the way, a week closed up is not the specified period of time. Nor was the property abandoned. There's a difference between adverse possession and outright theft.

Posted by: bxgrl at March 23, 2009 10:34 AM

What a wacky story...One would imagine that if there was some aspect of legal possession by the folks occupying the house they would have had more to say than go f*ck yourself.

Posted by: wasder at March 23, 2009 10:37 AM

I guess we know where the What was this weekend.

Posted by: daveinbedstuy at March 23, 2009 10:38 AM

Adverse possession typically pops up when you're talking about a couple of feet in a backyard where a fence was put down in the wrong place 50 years ago and no one noticed not to give thieves blanket coverage.

Posted by: brownstoner at March 23, 2009 10:39 AM

"What...you've been missing a stock market rally the last 2 weeks. Being too early (as were your doom and gloom posts back in 2006) and being now too late are the same as being wrong."

It's a technical retrace and the saying "Don't fight the fed" is very true. Dave what happens in May when tax season is over and the government has to borrow huge amounts of money? I think this will put the Equity market under enormous pressure.

The What

Someday this war is gonna end...

Posted by: Return of The What at March 23, 2009 10:40 AM

Missing out on a rally because of what you think may happen in May is just foolishness.

Posted by: daveinbedstuy at March 23, 2009 10:42 AM

"Surely there must be some sort of procedure the cops could follow to establish whether someone has legal access to a vacant property. And if not we should work together to establish one. Any thoughts?"

Couldn't agree more. I'm sure even if there is I'm sure that most beat cops aren't too familiar with it. Given the times I think it's something that needs to be taken up with local community boards, the banks that hold the properties, the RE agents, and the media to make sure everyone's on the same page. An ounce of prevention?

Posted by: TownhouseLady at March 23, 2009 10:47 AM

"Adverse possession typically pops up when you're talking about a couple of feet in a backyard where a fence was put down in the wrong place 50 years ago and no one noticed not to give thieves blanket coverage."

It's not about giving thieves blanket coverage Brownstoner. Adverse Possession is old English Law (Magna Carta) an it was used for a purpose. You have to "Possess" you property not just "live" in it. What happen when a foreclosed property is neglected? It bring blight and lowers property values but if someone take the house and improve it maybe that is better that the alternative.

Every time I bring up a POV you argue against me instead of looking at another way. Adverse Possession maybe a good thing.

The What

Someday this war is gonna end...

Posted by: Return of The What at March 23, 2009 10:49 AM

What...if the whole neighborhood was up in arms over it I would say its a safe bet that the characters trying to possess it would not have been beneficial to the neighborhood. Ever hear of a crack house? Give it a rest.

Posted by: daveinbedstuy at March 23, 2009 10:52 AM

"What...if the whole neighborhood was up in arms over it"

It's not Dave just one person...

"I would say its a safe bet that the characters trying to possess it would not have been beneficial to the neighborhood."

How do we know that Dave? We have one side of this story.

" Ever hear of a crack house?"

You forgot who you are talking to Dave.

"Every time I bring up a POV you argue against me instead of looking at another way."

-- The What

The What

Someday this war is gonna end...

"Schadenfreude on your part is one thing--advocating illegal activity is another."

Oh one more thing! That sounds like fear Brownstoner....

Posted by: Return of The What at March 23, 2009 10:59 AM

Partial reading of the facts, What and therefore wrong again

PWNED

"All our neighbours had come out by now, including our block president -- who is also president of the police community board. We were all telling the cops that the house had not been sold and that these men were breaking in, but they still seemed disinclined to help."

Posted by: daveinbedstuy at March 23, 2009 11:02 AM

So what's this new scam? Look up recently foreclosed houses up on the web, break down the door and move on in using a print out from property shark as proof of possession? Down and Out in Beverly Hills meets Brooklyn. Ever seen a meth lab explode?


Posted by: IMBY at March 23, 2009 11:03 AM

When the cops say it's a civil matter, that's pretty much game over.

Posted by: IMBY at March 23, 2009 11:08 AM

If these people meant to occupy the house in some constructive manner they presumably would have made more of an effort to ingratiate themselves to their new neighbors rather than telling them where to stick it.

Posted by: wasder at March 23, 2009 11:09 AM

Adverse possession is in regards to abandoned property. A foreclosed property is hardly abandoned. And if a property left vacant for a few weeks were subject to adverse possession by anyone, there would be no vacation homes, no one would go away for a month, no one would be able to sell a house after they had to leave it to go to work in an other state...

Posted by: bxgrl at March 23, 2009 11:09 AM

I would call my city councilmember asap -- and get the name of the precinct community affairs officer as well and call him/her. And the Brooklyn papaers and anyone else I ould find -- you have to stop this asap and make everyone aware of it.

Posted by: BH76 at March 23, 2009 11:40 AM

Just like Mr. B said, adverse possession most often is used to refer to the purloined strip of lawn...and is actually fairly common. My sister's neighbor planted trees over the lot line before they moved in; it was a year or so before she figured out that something was in fact wrong, so she had a survey done. He wasn't happy to lose the 4-6 feet he had annexed.

Agreeing with bxgl, there's little about the particulars of the situation as recorded here that suggests adverse possession would be seriously considered by a judge. By all mean, get the city councilperson involved; make sure the owner secures the property, but be careful too.

What and ROW have--on some levels--forecast the fall before others, but forecasting a decline doesn't mean that people should just roll over on their backs and give in. Hell no. That's when people should do what they can to hold things together, in spite of the difficulties, not say, "hey things are bad, there goes the neighborhood."

Posted by: Minmin at March 23, 2009 12:10 PM

"In the end the undercovers came back from their cars after calling to the precinct and decided that the would be squatters should leave and bring the deeds to the house down to the precinct in the morning, at which point they would be allowed access to the house. Of course they left never (yet at least) to be seen again."

In the end, despite all of the commotion, the right thing happened. If the "sqatters" ARE legit, they have the opportunity to prove it. If they aren't, they were prevented from trying to inhabit an unoccupied house. The cops weren't going to make a decision until Mr. James Doran and his neighbors became insistent - welcome to Brooklyn! Anyway, "mind your own business" doesn't apply in this case, and I'm big on MYOB. If it were MY house they were moving in next to, I'd definitely rat them out to the cops. In my experience, it's best to confront an issue like this right at the beginning, or it would just become worse.

Posted by: East New York at March 23, 2009 12:11 PM

I'm not sure I understand why everybody is jumping down The What's throat. I don't read his posts on this thread as advocating any sort of behavior - rather he's just saying "I told ya so." Empty foreclosed houses invite squatters, particularly in a down economy. Nothing controversial there.

Seems to me the neighbors have every right to evenhandedly call and politely call attention to the situation though. Today's squatter home can easily become tomorrow's crack den, with the resultant impact on safety (and, yes, property values, but mainly safety).

The whole adverse possession argument seems a bit silly. (Isn't the statute of limitations, like, 20 years of continuous occupancy or something?) But I'm not sure the comment was intended to be taken so literally.

Posted by: ajaxclorox at March 23, 2009 12:13 PM


No "leads" on this one, Mr. Brownstoner? Or do you only report on crime in Crown Heights and Bed Stuy?

http://www.nydailynews.com/news/ny_crime/2009/03/22/2009-03-22_wabc_radio_newsman_george_weber_found_st-2.html

Posted by: East New York at March 23, 2009 12:34 PM

Isn't that story on the links thread?

Posted by: InsertSnappyNameHere at March 23, 2009 12:38 PM

That's in the links.

Posted by: brownstoner at March 23, 2009 12:46 PM

I am actually really really surprised by the police action. Recently we called the police because our building was being hassled by those energy scammer guys. Not only did the police come immediately, but they took what we had to say very seriously and gave us a good way to handle them if they came back. I thought that they were supportive and empathetic. sorry to hear this.

Posted by: wine lover at March 23, 2009 1:53 PM

Keep us updated on the happenings, James , sounds like a Law and Order episode..

Posted by: lifer at March 23, 2009 2:33 PM

wine lover, can i hazard the guess that you don't live in bed stuy? sadly, that may be your answer right there.

Posted by: Jimmy Legs at March 23, 2009 4:01 PM

Sounds to me like a good thing James and his neighbors took action and were not intimidated.

Posted by: mopar at March 23, 2009 4:04 PM

don't get me wrong, the police did come, and did get the guys to leave, for that much we were grateful. But there were several points where the cops lost interest and were ready to go. And it took two hours to resolve.
But more importantly there seems to be a gap in the police department's perception of what does and does not constitute a crime. Breaking into a house that does not belong to you is a crime. period. But they did not react like it was a crime.
The real problem lies in the fact that this sort of situation is rife with ambiguities -- which is where confidence tricksters and frauds thrive.
I asked myself on Friday night, how would I react if a stranger came up to me as I was opening my front door and said "stop, that house does not belong to you, I am calling the cops."
Pretty absurd right?
But this is something we will see more and more of. There are many vacant properties around at the moment and I assume this group of -- lets face it pretty rubbish -- thugs are not the only ones scoping out houses with chains on the door in an effort to take possession of them.
We now have a process in place with the realtor and the bank's agent to quickly and easily check if anyone with access to the house is legit or not, the cops are aware and we should not have any further problems. If you have a vacant property near you it would be worth contacting the owner and establishing something similar.
I used to own a flat in a victorian house in London and squatters moved into the vacant next door and we thought nothing of it. Until it became a heroin shooting gallery and a brothel and we found a dead guy in the front yard one morning.
Ahh London, the memories

Posted by: jamesdoran at March 23, 2009 4:38 PM

"I used to own a flat in a victorian house in London and squatters moved into the vacant next door and we thought nothing of it. Until it became a heroin shooting gallery and a brothel and we found a dead guy in the front yard one morning.
Ahh London, the memories"

Ah the Eurotrash descends in Brooklyn. Nice going and one more thing, be careful..

The What

Someday this war is gonna end...

Posted by: Return of The What at March 23, 2009 5:03 PM

We have a word for you in my country The What
total tosser
I've lived here for the last ten years, four of them in Bed Stuy, you say so much and seem to know so little

Posted by: jamesdoran at March 23, 2009 5:42 PM

i hate snitching do gooders like u james.thats how people end up getting hurt,dont know how to mind thier business

Posted by: buckfast at March 23, 2009 6:48 PM

How terrifying buckfast, and such a credit to you that you support the rights of thieves and thugs. I dare say you could find me if you put half a mind to it, I write under my own name in any number of well known publications in the city. You are most welcome to come by my office any day to carry out your threat. Or do you prefer to make them under an assumed name on the internet? I certainly hope you are never the victim of a crime, it would be an awful shame for you to have to snitch.

Posted by: jamesdoran at March 23, 2009 9:18 PM

Ach, Jimmy me wee lad, do ya no remember the days when half of Camden Town, Islington, Dalston, Notting Hill, Brixton et al were in the hands of squatters? They saved many a fine house from decline and collapse. By the same token there are buildings in SoHo and the LES that only survived thanks to the intervention of the same crazy anarchists.

Posted by: 1929 at March 23, 2009 9:29 PM

yeah 1929, I lived in a big squat in Mosely, Birmingham for a bit and squatted an old cinema in Islington when I first moved to London. The difference is we moved in to buildings that had been abandoned for years and fixed them up, a movement I totally support. The house next to me is not abandoned it is on the market for sale and the guys breaking in were not crazy anarchists, they were old thieving thugs. There is no comparison

Posted by: jamesdoran at March 23, 2009 9:57 PM

James Jordan let me tell you this- entitlement comes with a price! You are so clueless because those people could've altered your life in one second. One second that's all it take and for what? Just to be right? Just to say I own a house? James there is more to life then worrying about a house! One day we will have to give everything back that we have accumulated. Before you react to this statement please take a second to think about it, like the same second that can alter your life...

The What

Someday this war is gonna end...

Posted by: Return of The What at March 24, 2009 3:06 AM

Nothing the What would like to see more than some violence. "What a fool"

Posted by: daveinbedstuy at March 24, 2009 7:57 AM

I don't even get why The What comments on this website. If He feels so strongly about his various, often conflicting and generally uninformed, views there is much more he could do than pick pointless arguments with people on the internet.
I was hoping that by explaining this problem on this site that somebody might feel motivated to join forces and come up with an idea for a potential solution. This is about creating a safe and comfortable community to live in, not about staking claims and ownership rights.
Keeping criminals out of our block is something me and many of my neighbors work tirelessly to achieve. The best part is -- it works. We live on a friendly quiet and cool block in the middle of Bed Stuy. Everybody on the block knows one another and gets along. We choose to work together to keep it that way. And just to preempt The What, the majority of people on our block have lived here for many generations and established this community spirit before My wife and me arrived.
But, sadly, as usual, the post just generated a fairly pointless shit fight that led to nothing constructive.
Apologies to all those of you who did have something to add to the discussion, your points of view were well received.
If anybody has any willingness to get together to work out how this problem can be tackled in a constructive way, please contact me via the forum

Posted by: jamesdoran at March 24, 2009 10:23 AM

jamesdoran, please be careful, squatting is probably going to become pretty common and, while I understand why you calling the cops, the upshot is not only are they still there, YOU are also now identified as their enemy. There is a reason why people in rough neighborhoods "mind their own business." Unless your neighborhood starts a Neighborhood Watch kind of thing,so you're not playing Lone Ranger, I'd keep the complaining anonymous. Just a suggestion

Posted by: bridges at March 24, 2009 10:44 AM

I appreciate your concern bridges but rough neighborhoods exist precisely because people do nothing to stop thugs from doing as they please.
Our block has a strong, decades old tradition of keeping criminals out, working with the precinct and one another to keep this a good place to live, raise kids and enjoy life.
And you misread my post, the squatters left, they have not returned in five days, the house is now secured and is being watched by patrolling cops. The precinct is in contact with the realtor and will be told when the house is sold.
So we are safer because of this kind of action not less so.

Posted by: jamesdoran at March 24, 2009 9:15 PM

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