st investment opportunities—they are potential targets for sophisticated fraudsters. As a real estate professional specializing in probate and trust sales, I’ve seen the “nightmare scenario” play out: an owner arrives at their property only to find strangers living inside, claiming they have a legal right to be there.
Dealing with squatters and deed fraud is not just a landlord’s problem; it is a serious threat to home equity and property rights. Understanding how these criminals operate and knowing how to legally fight back is essential for every property owner in Southern California.
What is a Squatter? (The Critical Distinction)
There is a common misconception about what defines a squatter. To protect yourself, you must first know who they are not:
- Not a non-paying tenant: If someone had a lease and stopped paying, they are a tenant in default, not a squatter.
- Not a family member: Relatives with a previous right to stay are not squatters.
- The “Rent Trap”: Be extremely careful—once you accept even $1 of rent from an occupant, you have established a “tenancy at will.” They are no longer squatters, and you have just inherited all the legal headaches of a landlord-tenant relationship.
A true squatter is someone occupying a property who never had the legal right to be there in the first place, often establishing a “fiction” of residency to exploit the law.
How Professional Squatters Exploit the System

Modern squatters in urban areas like Los Angeles are often highly sophisticated. They don’t just “break in”; they vet properties. They look for out-of-state owners, overgrown lawns, or signs of neglect. Once inside, they use a “squatter’s toolkit” to fool law enforcement:
- Fake Leases: They carry professional-looking, forged documents.
- Utility Scams: They manage to put water or power in their name.
- Community Presence: They move in furniture, cut the grass, and wave to neighbors to appear legitimate.
When the police arrive, they are faced with a “he said, she said” situation. Because possession is often viewed as “nine-tenths of the law,” officers are frequently unable to remove someone if there is a claim of a lease—forcing the owner into a grueling civil court battle.
The Danger of Deed Fraud: Stealing Your Equity
While squatters want free housing, deed fraudsters want your life savings. Deed fraud occurs when a criminal forges a deed to transfer your property into their name or the name of a fake identity.
- The Scam: They record a forged deed with the county (which rarely verifies signatures) and then quickly sell the house or take out massive loans against the equity.
- The Insurance Gap: Many owners are shocked to learn that standard title insurance policies often do not cover fraud that occurs after the policy date. If someone steals your title today, you could be left fighting for your equity entirely out of pocket.
🛠️ Your Defense Strategy: Prevention and Action
Protecting your property requires an “ounce of prevention” to avoid a “pound of cure” that can cost upwards of $50,000 in legal fees and lost time.
Practical Prevention Tips
- Install Portable Security: Use motion-sensor cameras and alarms (like SimplySafe). Being notified the second someone enters allows you to call the police for “trespassing” before they can establish residency.
- Maintain Curb Appeal: Don’t let your property look abandoned. Keep the lawn mown and remove piles of mail or packages.
- Title Monitoring: Use a service to monitor your property’s title 24/7. If a document is recorded against your home, you need to know instantly to file an affidavit and stop a fraudulent sale.
Legal Routes for Removal
If you find a squatter, you generally have two court-based options:
- Ejectment: A legal action used when the person never had a right to be there. It is the “correct” path but can be slow.
- Unlawful Detainer (Eviction): A faster process, but in Los Angeles, it still takes a minimum of six months and tacitly grants the squatter “tenant rights” during the proceedings.

đź’ˇ Key Takeaways for Property Owners
- âś… Alarms are Mandatory: A motion-activated camera is your best defense against someone establishing a “fake” tency.
- âś… Never Accept Money: Accepting any payment from a squatter turns them into a tenant, making them much harder to remove.
- âś… Watch the Title: Deed fraud is on the rise; verify your ownership status with the county recorder regularly or use a monitoring service.
- âś… Act Fast: The longer a squatter stays, the easier it is for them to claim residency. Call the police the moment you detect an intruder.
- âś… Vetting Matters: If you are an absentee owner or a probate executor, ensure someone is physically checking the property at least once a week.
Notable Quote:
“Possession is nine-tenths of the law, and once a professional squatter establishes a ‘fiction’ of residency with a fake lease, your nightmare in the civil court system begins.”
Watch The Full Interview Now:
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DISCLAIMER: The Probate Realtor® Matias Baker Masucci is a licensed real estate broker in California, DRE # 02054763. Any legal information provided is for informational purposes only and NOT to provide legal advice. Contact an attorney to obtain advice on any specific legal issue or problem. We make no guarantees as to the accuracy of any information.














