Its better to keep it simple. I live in Charlotte, NC. I am claiming title to land that is considered a color of title claim. I noticed the recorded owners of a property the had not been maintained or lived on for over 4 years. I noticed the owners (a CALIFORNIA LLC) by a certified mail notarized affidavit that I was in actual and constructive possession of the property and that I that they have alienated themselves from the property as I intend to live there and take control. I instructed them to answer. They did not. Instead of answering, 2 months later, a "property management company" hired a "clean out" company (who came there with police while I was out walking the dogs) to break in the home past MY locked fence and MY locked doors to remove all of its belongings into a dump truck. I recorded some of the event with them removing the personal property while the police restrained me from personally retrieving any of the items in the home. There was no warrant or court order or any other notice whatsoever. They took EVERYTHING. They claim that we have no right to be there and we had been living there for 10 months consecutively. I even showed the police my recorded paperwork and affidavit of actual possession. They ignored it and they all knew that we had been living there for months! This property is included in my own register of deeds recorded claim of title in the county the property sits in.
There is a lot in this yes, just wondering what is the fastest way to handle this to get me back in my home and redress for all our things they literally hauled off with police protection. I was thinking State District Court rather than small claims. Right now, I just want to deal with the owner and this so called management company who I have proof and evidence that they are not following the law and have absolutely no standing whatsoever to manage Real Property for another in North Carolina. I also have a case filing that connects the management company to the same owner in the same county under attorney rep. within the last 2 years. I went a got it from the court house myself. I also have NC APPELLATE case law supporting the fact that even a wrongful possessor of Real Property has rights of possession and should only be dispossessed by resort to the courts in order to not breach the peace. If the purported owner cannot come into possession peacefully.
I know that they cannot take me to court because then I have the right to challenge their ownership of the property as a defendant. If I can prove to a judge that title doesn't rest with their LLC (which I have done before 19CVD15869), then they will not have standing before the courts for any form of ejectment.
I just need a little help as far as court procedure and what to look at. Companies are not supposed to do anyone like this.
* Last updated by: KENNETH32 on 8/2/2021 @ 11:27 AM *