Reprinted with permission
Be careful with your vacant homes - by Charles McCann
For the past few weeks I have been assisting a bank with getting a foreclosure in Arcata ready to go on the
market. I had served notices to tenants to vacate because of the foreclosure and re-keyed all the locks after their
departure. With it now vacant it became the target for a scam.
For several days an individual was breaking in and trying to secure the house for himself. He changed the
deadbolt on the front door so I couldn't enter. He screwed all the doors shut so I couldn't get in and went out a
window. Each time he did this, I was able to undo what he had done. I was thinking that someone was pulling a
prank on me. I did alert the police and the neighbors and they knew to watch for suspicious activity.
On Saturday evening around 6:00 pm, Feb 23rd, I received a call from the neighbors that someone was moving
into the house. They knew that the previous tenants had been evicted because of the foreclosure and no one
should be moving back in. I immediately went to the house and found no one there but did see belongings in the
house. The front door knob and deadbolt that I had installed had been changed to a different set and I could not
get in the front door. I also found a laminated "legal" notice taped to the inside of the front window and the back
sliding door. The notice purported to be a Humboldt County Tax Collector/US Treasury/IRS home seizure for
supposed criminal activity.
I immediately called the police to report a trespassing because I quickly determined that the "notice" was a
fake. When the police officer arrived, he wasn't willing to arrest anyone because he was not convinced that a
crime had been committed. He saw furniture in the house and unless I could demonstrate that I was actually in
possession of the house, the "tenant" had a right to the house. It would not be criminal case because of a trespass
but a civil case because of the tenant occupancy. He had no jurisdiction in a civil case. If it were a civil case, I
would have to go through the courts for an eviction.
I explained to the officer that the home was a foreclosure and I was preparing it for sale. He wanted to see a
foreclosure deed. (I was sent one by a very kind friend who secured a copy for me late on a Saturday night) I
pointed out to him that the notice was a fake because
1. it was posted on the inside of the house (legal notices are posted to the outside, on the door)
2. posted on a Saturday, (not during normal business hours)
3. seizures require due process
4. locks were changed immediately. (locks are not changed and people allowed to move with a posting,
(due process requires time)
5. the document was faxed to the local Kinko's and had no return fax number (any faxed document
has to have a return fax number, especially from a governmental agency)
6. the document was signed by the perpetrator (a guy named Jeffrey Lee Abel) rather than an official
from the seizing agency
7. there was no specific agency named, (just a nebulas grouping of agencies)
8. and not all the locks were changed over. (I gained entrance through a side door, (there are other
reasons, also)).
Fortunately, for me the officer was a former real estate agent and he sided with me. I had gotten the license
number of the people who were moving their belongings in and when the police office found them they were told
to call me and get their belongings out of the house immediately. They did, but it took a few days and only after I
changed the front locks back to my set of keys so they could not get back in. I now have possession again and
monitor it regularly.
The young couple that was moving in had made contact with the scammer and were told they could rent a
house in Arcata. He had been planning it for several days and had been setting it up. Sometime on late Friday
night, he picked the locks and changed out the hardware. (I had been thwarting his previous attempts to gain
possession). He met the unsuspecting couple on Saturday, collected $950 in rent and $1500 in deposit in a
money order, and gave them the keys. They were an innocent party but they had been scammed and he can't be
found.
He may not entertain doing this to a vacant listing, figuring that it is being watched but if any of your listings
are vacant, you might look for signs that someone is trying to take over the possession of the home. There is a
scammer in our midst!
personal note: Be very very careful! If these people knew what they were doing, California Law unfortunatley could have allowed them to stay in the house and it would have taken a court ordered eviction to get them out!
