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  1. #1
    Join Date
    Feb 2009
    Posts
    2

    Default Adverse Possession Against a Corporation, Not In Good Standing

    My question involves real estate located in the State of: California

    I have paid the taxes for over 5 years
    I have continually improved the property
    I have notified the County that I am adversely possessing the property.

    The property is owned by a corporation that has not been in good standing with the state for many years.

    I have researched the CEO, CFO, and secretary of the corporation. The CEO can not be found, the CFO said I had the right person but refused to speak to me after sending him a letter that was returned to me unopened. The secretary finally left me a phone message (that I saved) saying that he lost contact with the CEO many years ago and said that "I would like to find him myself, but that's a different story."

    This property would have been sold at tax lein many years ago but the county has a policy that if the taxes are under $100 they wipe it off the books and therefore no tax lein sale was triggered.

    Where do I go from here to get title to the property?

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,558

    Default Re: Adverse Possession Against a Corporation, Not In Good Standing

    If the annual tax in California is under a hundred dollars, this can't be a very large or valuable parcel.

    You will need to balance that against the cost of going to court and getting a judge to agree with you, as you are not going to get it any other way under a theory of adverse possession.

    If the state corporation taxes are in arrears, the land may be subject to that claim prior to any other.

    You will need a California real estate attorney as this is not a do it yourself project.

  3. #3
    Join Date
    Feb 2009
    Posts
    2

    Default Re: Adverse Possession Against a Corporation, Not In Good Standing

    The way I see it:

    I have adversely possessed the property for over 5 years.

    I have paid the property taxes for over 5 years.

    The property does not have any leins against it.

    The property is not owned by a government entity.

    The property has value to me because I own ajoining property. My property is the only access to the property i.e., my road. Not that this is significant.

    The property is titled to a suspended corporation.

    The property has no value to the officers of the corporation as it would cost them more to bring the corporation into good standing than what the property is worth.

    I don't see why it makes any difference who owns the property if there are no leins (tax or otherwise) and no one has come forward to claim this property.

    It seems simple to me. Sometimes simple works. Am I missing something?

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,558

    Default Re: Adverse Possession Against a Corporation, Not In Good Standing

    You are right.

    It's very simple:

    Get an attorney and go to court. What is holding you back at this point?

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